Appellate Division: Second Judicial Department

M303478

AFA/

FRANCESCA E. CONNOLLY, J.P.

LARA J. GENOVESI

DEBORAH A. DOWLING

LAURENCE L. LOVE, JJ.

2023-10906 PHH Mortgage Corporation, respondent, v Thomas Ruth, et al., defendants; BH Urban Group, LLC, nonparty-appellant. (Index No. 702657/2016)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Queens County, dated September 18, 2023. Motion by the respondent to dismiss the appeal, inter alia, on the grounds that no appeal lies from an order denying reargument and that the record is inadequate or, in the alternative, to direct the appellant 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 the papers filed in opposition thereto, it is

ORDERED that the branches of the motion which are to dismiss the appeal or, in the alternative, to direct the appellant to serve and file a supplemental record containing certain material are 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 April 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