| Wilmington v Zaman |
| Motion No: 2023-11398 |
| Slip Opinion No: 2025 NY Slip Op 61186(U) |
| Decided on January 22, 2025 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M302196
AFA/
COLLEEN D. DUFFY, J.P.
PAUL WOOTEN
BARRY E. WARHIT
PHILLIP HOM, JJ.
|
2023-11398 Wilmington, respondent, v Nezam Zaman, appellant, et al., defendants. (Index No. 6240/2007)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Kings County, dated September 20, 2023. Motion by the respondent to dismiss the appeal on the ground that no appeal lies from a decision or, in the alternative, to strike the appellant's brief on the ground that it refers to matter dehors the record or for leave to serve and file a supplemental record containing certain material and to extend the time to serve and file a brief.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the branches of the motion which are to dismiss the appeal and to strike the appellant's brief on the ground that it refers to matters dehors the record are denied; and it is further,
ORDERED that the branch of the motion which is for leave to serve and file a supplemental record is granted, and on or before February 21, 2025, the respondent shall serve and file a supplemental record containing Supreme Court NYSCEF Document No. 14 and the papers filed in support of and in opposition to the cross-motion by the respondent to ratify the subject sale nunc pro tunc dated July 3, 2023, 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 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.
DUFFY, J.P., WOOTEN, WARHIT and HOM, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court