Appellate Division: Second Judicial Department

M303474

AFA/

FRANCESCA E. CONNOLLY, J.P.

LARA J. GENOVESI

DEBORAH A. DOWLING

LAURENCE L. LOVE, JJ.

2023-06635 New Penn Financial, LLC, respondent, v Faithe Montgomery, appellant, et al., defendants. (Index No. 49188/2009)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Suffolk County, dated April 18, 2023. Motion by the respondent to dismiss the appeal on the ground that the appendix is inadequate or, in the alternative, to direct the appellant to serve and file a supplemental appendix containing certain material, 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 dismiss the appeal is denied; and it is further,

ORDERED that the branch of the motion which is to direct the appellant to serve and file a supplemental appendix is granted , and on or before April 9, 2025, the appellant shall serve and file a supplemental appendix containing Supreme Court NYSCEF Document Nos. 1, 13, 16, and 41, 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 May 9, 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.

CONNOLLY, J.P., GENOVESI, DOWLING and LOVE, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court