Appellate Division: Second Judicial Department

M301849

AFA/

FRANCESCA E. CONNOLLY, J.P.

ROBERT J. MILLER

DEBORAH A. DOWLING

CARL J. LANDICINO, JJ.

2024-02530 Loandepot.com, LLC, plaintiff-respondent, v Nickolas Cyril Solomon, etc., et al., defendants-respondents, Haiyan Liu, defendant-appellant; 101 Shark Holding Corp., nonparty-respondent. (Index No. 714793/2018)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Queens County, dated December 5, 2023. Motion by the nonparty-respondent to strike the record on the ground that it is inadequate, to strike the appellant's brief on the ground that it refers to matter dehors the record, and 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 strike the record is granted to the extent that on or before February 5, 2025, the appellant shall serve and file a supplemental record containing Supreme Court NYSCEF Document Nos. 1-3, 57, 62, 66-80, 96, 102-120, 122-130, 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 strike the appellant's brief is 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 March 7, 2025, the nonparty-respondent shall serve and file the nonparty-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.

CONNOLLY, J.P., MILLER, DOWLING and LANDICINO, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court