Appellate Division: Second Judicial Department

M303179

AFA/

LARA J. GENOVESI, J.P.

WILLIAM G. FORD

LILLIAN WAN

JAMES P. MCCORMACK, JJ.

2024-06124 Emigrant Bank, etc., plaintiff, v Terry L. Jackson, etc., et al., appellants, et al., defendants; Anthony R. Tirone, nonparty-respondent. (Index No. 70213/2018)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Westchester County, dated February 26, 2024. Motion by the respondent, inter alia, to dismiss the appeal on the grounds that the appellants are not aggrieved, the issues raised on appeal are unpreserved for appellate review, and the appellants failed to assemble a proper record on the appeal or, in the alternative, to strike stated portions of the record on the ground that they contain matter dehors the record, in effect, to compel the appellants to serve and file a supplemental record containing certain material, and to extend the time to serve and file a brief. Motion by the appellants to serve and file a supplemental record containing certain material.

Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is

ORDERED that the branches of the motion by the respondent which are to dismiss the appeal are denied; and it is further,

ORDERED that the branches of the motion by the respondent which are to strike stated portions of the record and, in effect, to compel the appellants to serve and file a supplemental record containing certain material, and the motion by the appellants to serve and file a supplemental record containing certain material, are granted to the extent that pages 190 through 197 of the record are stricken, and on or before March 31, 2025, the appellant shall serve and file, via NYSCEF, a replacement record that does not contain the stricken material, that contains Supreme Court NYSCEF Document Nos. 132, and 168 through 183, and is in all other respects the same as the record previously filed; and it is further,

ORDERED that the branch of the motion by the respondent which is to extend the time to serve and file a brief is granted, and on or before April 30, 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; and it is further,

ORDERED that the motions are otherwise denied.

GENOVESI, J.P., FORD, WAN and MCCORMACK, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court