Appellate Division: Second Judicial Department

M300431

KS/

ANGELA G. IANNACCI, J.P.

LARA J. GENOVESI

LILLIAN WAN

CARL J. LANDICINO, JJ.

2022-07104 U.S. Bank National Association, etc., respondent, v Joseph H. Pacifico, etc., et al., defendants, Dale Robert Javino, appellant. (Index No. 612827/2020)

DECISION & ORDER ON MOTION

2022-07105

U.S. Bank National Association, etc., respondent,

v Joseph H. Pacifico, etc., et al., defendants,

Dale Robert Javino, appellant.

(Index No. 612827/2020)

Appeals from two orders of the Supreme Court, Suffolk County, both dated August 5, 2022. Motion by the appellant, in effect, to extend the time to comply with a decision and order on motion of this Court dated January 24, 2024, as amended by decision and order on motion of this Court dated April 1, 2024, and to waive certification of the replacement records pursuant to 22 NYCRR 1250.7(g). Motion by the respondent to dismiss the appeals on the ground that the records are inadequate or, in the alternative, to strike the records and to extend the time to serve and file briefs.

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

ORDERED that the branch of the motion by the appellant which is to waive certification of the replacement records pursuant to 22 NYCRR 1250.7(g) is granted; and it is further,

ORDERED that the branch of the motion by the appellant which is, in effect, to extend the time to comply with the decision and order on motion of this Court dated January 24, 2024, as amended by decision and order on motion of this Court dated April 1, 2024, is granted, and on or before January 2, 2025, the appellant shall serve and file replacement records containing all the papers filed in support of and in opposition to the respondent's motion, inter alia, for summary judgment and an order of reference and the appellant's motion to dismiss the complaint, via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the replacement records and upload a digital copy of the replacement records with proof of service thereof, through the digital portal on this Court's website; and it is further,

ORDERED that the branches of the motion by the respondent which are to dismiss the appeals on the ground that the records are inadequate or, in the alternative, to strike the records are denied without prejudice to renew after the replacement records have been filed; and it is further,

ORDERED that the branch of the motion by the respondent which is to extend the time to serve and file briefs is granted, and on or before February 3, 2025, the respondent shall serve and file the respondent's briefs via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the briefs and upload a digital copy of the briefs, with proof of service thereof, through the digital portal on this Court's website.

IANNACCI, J.P., GENOVESI, WAN and LANDICINO, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court