Appellate Division: Second Judicial Department

M304209

AFA/

BETSY BARROS, J.P.

BARRY E. WARHIT

JAMES P. MCCORMACK

PHILLIP HOM, JJ.

2024-05973 MTGLQ Investors, L.P., respondent, v Cong. Chemdath Tora V'Chesed, etc., appellant. (Index No. 11036/2009)

DECISION & ORDER ON MOTION

Appeal from an order and judgment (one paper) of the Supreme Court, Kings County, dated May 2, 2024. Motion by the appellant to stay all proceedings in the above-entitled action, including the sale of the subject property, pending hearing and determination of the appeal. Motion by the respondent to dismiss the appeal on the ground that the record is inadequate, to dismiss the appeal from so much of the order and judgment as brings up for review an order of the same court dated November 28, 2022, pursuant to Bray v Cox (38 NY2d 350), 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 motions and the papers filed in opposition thereto, it is

ORDERED that the motion by the appellant is granted, and all proceedings in the above-entitled action, and the sale of the subject property, are stayed, pending hearing and determination of the appeal; and it is further,

ORDERED that the branches of the motion by the respondent which are to dismiss the appeal on the ground that the record is inadequate or, in the alternative, to direct the appellant to serve and file a supplemental record containing certain material are granted to the extent that, on or before May 9, 2025, the appellant shall serve and file a supplemental record containing the papers filed in relation to the motion by the respondent for summary judgment, dated March 10, 2020, as well as NYSCEF document nos. 13 through 15, 19, and 25, 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 those branches of the motion are otherwise denied; and it is further,

ORDERED that the branch of the motion by the respondent which is to dismiss the appeal from so much of the order and judgment as brings up for review an order of the same court dated November 28, 2022, pursuant to Bray v Cox (38 NY2d 350), 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 extend the time to serve and file a brief is granted and, on or before June 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.

BARROS, J.P., WARHIT, MCCORMACK and HOM, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court