Appellate Division: Second Judicial Department

M302221

AFA/

CHERYL E. CHAMBERS, J.P.

WILLIAM G. FORD

JANICE A. TAYLOR

JAMES P. MCCORMACK, JJ.

2023-06410 HSBC Bank USA, National Association, etc., respondent, v Samuel Ehrenthal, et al., appellants, et al., defendants. (Index No. 31810/2021)

DECISION & ORDER ON MOTION

Appeal from an order and judgment (one paper) of the Supreme Court, Rockland County, dated May 15, 2023. Motion by the respondent to dismiss the appeal on the grounds that the record is inadequate and that it contains matter dehors the record or, in the alternative, to strike 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 branches of the motion which are to dismiss the appeal and to strike the record are granted to the extent that, on or before February 21, 2025, the appellants shall file and serve a supplemental record containing Supreme Court NYSCEF Document Nos. 13, 49, 121, and 123 through 126, 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 those branches of the motion are 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 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.

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

ENTER:

Darrell M. Joseph

Clerk of the Court