Appellate Division: Second Judicial Department

M303486

AFA/

FRANCESCA E. CONNOLLY, J.P.

LARA J. GENOVESI

DEBORAH A. DOWLING

LAURENCE L. LOVE, JJ.

2024-01257 HSBC, etc., respondent, v Brett Rosa, et al., defendants; September Buying Group, LLC, nonparty-appellant. (Index No. 13988/2011)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Kings County, dated October 17, 2023. Motion by the respondent to dismiss the appeal, in effect, on the grounds that Matthew Ahdoot lacks standing to prosecute the appeal, that the appeal has been rendered academic, and for failing to file an adequate record or, in the alternative, to extend the time to serve and file a brief. Cross-motion by the appellant to deem the notice of appeal to reflect that nonparty September Buying Group, LLC is the appealing party and for leave to file a supplemental record containing certain material.

Upon the papers filed in support of the motion and cross-motion and the papers filed in opposition thereto, it is

ORDERED that the branch of the cross-motion which is to deem the notice of appeal to reflect that nonparty September Buying Group, LLC is the appealing party is granted, the notice of appeal is deemed to reflect that nonparty September Buying Group, LLC is the appealing party (see CPLR 2001; Matter of Tagliaferri, 1 NY3d 605), the caption is amended accordingly, and on or before April 11, 2025, the appellant shall serve and file, via NYSCEF, a replacement brief which contains the amended caption reflecting September Buying Group, LLC as the appealing party, but which is in all other respects the same as the brief previously filed; and it is further,

ORDERED that the branch of the motion which is to dismiss the appeal, in effect, on the ground that Matthew Ahdoot lacks standing to prosecute the appeal is denied as academic; and it is further,

ORDERED that the branch of the motion which is to dismiss the appeal on the ground that the appeal has been rendered academic is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; and it is further,

ORDERED that the branch of the motion which is to dismiss the appeal for failure to file an adequate record and the branch of the cross-motion which is for leave to file a supplemental record containing certain material are granted to the extent that on or before April 11, 2025, the appellant shall serve and file a replacement record containing Supreme Court NYSCEF Document Nos. 16, 44, 47, 54, and 57, and the amended caption reflecting September Buying Group, LLC as the appealing party, but which is in all other respects the same as the record previously filed, and those branches of the motion and cross-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 May 12, 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