Appellate Division: Second Judicial Department

M301437

AFA/

MARK C. DILLON, J.P.

ROBERT J. MILLER

LILLIAN WAN

PHILLIP HOM, JJ.

2024-07008 Edward Wydra, et al., appellants, v Sarah Brach, et al., respondents. (Index No. 526725/2021)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Kings County, dated May 10, 2024. Motion by the respondents to dismiss the appeal, in effect, 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 appeal is granted to the extent that on or before January 13, 2025, the appellants shall serve and file a supplemental record containing the complaint, 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 February 12, 2025, the respondents shall serve and file the respondents' 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., MILLER, WAN and HOM, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court