Appellate Division: Second Judicial Department

M301485

AFA/

VALERIE BRATHWAITE NELSON, J.P.

LARA J. GENOVESI

HELEN VOUTSINAS

DONNA-MARIE E. GOLIA, JJ.

2023-09483 Goshen Mortgage LLC, etc., respondent, v Jan Giertl, appellant, et al., defendant. (Index No. 5771/2016)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Nassau County, dated July 10, 2023. Motion by the respondent to dismiss the appeal 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 15, 2025, the appellant shall serve and file a supplemental record containing Supreme Court NYSCEF Document Nos. 1, 10, 14, 18 through 21, 25 through 26, 35 through 36, 42 through 44, 46 through 48, and 51 through 62, 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 14, 2025, 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.

BRATHWAITE NELSON, J.P., GENOVESI, VOUTSINAS and GOLIA, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court