Appellate Division: Second Judicial Department

M300354

KS/

MARK C. DILLON, J.P.

DEBORAH A. DOWLING

LOURDES M. VENTURA

JAMES P. MCCORMACK, JJ.

2023-11794, 2024-03795 Nationstar, respondent, v Nigel Lalman, et al., defendants; Robert Aineshsazan, nonparty-appellant. (Index No. 18008/2009)

DECISION & ORDER ON MOTION

Appeals from an order of the Supreme Court, Kings County, dated August 17, 2023, and from an order and judgment (one paper) of the same court dated January 30, 2024. Motion by the respondent to dismiss the appeals on the ground that the record is inadequate or, in the alternative, to extend the time to serve and file a brief.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion which is to dismiss the appeals on the ground that the record is inadequate is granted to the extent that on or before November 29, 2024, the appellant shall serve and file a supplemental record containing Supreme Court NYSCEF Document Nos. 8, 9, and 15 through 24, via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the supplemental record and upload a digital copy of the supplemental record, with proof of service thereof, through the digital portal on this Court's website, and that branch of the motion is otherwise denied; and it is further,

ORDERED that the branch of the motion which is to extend the time to serve and file a brief is granted, and on or before December 30, 2024, the respondent shall serve and file the respondent's brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the brief and upload a digital copy of the brief, with proof of service thereof, through the digital portal on this Court's website.

DILLON, J.P., DOWLING, VENTURA and MCCORMACK, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court