Appellate Division: Second Judicial Department

M302223

AFA/

CHERYL E. CHAMBERS, J.P.

WILLIAM G. FORD

JANICE A. TAYLOR

JAMES P. MCCORMACK, JJ.

2023-00065 DLJ Mortgage Capital, Inc., appellant, v Marie L. Amy, et al., respondents, et al., defendant. (Index No. 18463/2013)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Kings County, dated November 1, 2022. Motion by the respondents to dismiss the appeal on the ground that the record contains matter dehors the record and for an award of costs and fees 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 pages R015 thorough R269 and R558 through R581 of the record are stricken and, on or before February 21, 2025, the appellant shall serve and file, via NYSCEF, a replacement record which does not contain the stricken material and which is in all other respects the same as the record previously filed, 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 March 24, 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; and it is further,

ORDERED that the motion is otherwise denied.

CHAMBERS, J.P., FORD, TAYLOR and MCCORMACK, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court