| Matter of Hawkins v Smith |
| Motion No: 2023-09791 |
| Slip Opinion No: 2025 NY Slip Op 69560(U) |
| Decided on May 23, 2025 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M305329
AFA/
MARK C. DILLON, J.P.
LINDA CHRISTOPHER
LILLIAN WAN
PHILLIP HOM, JJ.
|
2023-09791 In the Matter of Dennis Hawkins, appellant, v Estelle Smith, respondent; Harold Culler, nonparty-respondent. (Index No. 518163/2022)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Kings County, dated June 21, 2023. Motion by the respondent 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, and for leave to serve and file an amended brief.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation 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 appellants to file a supplemental record containing certain material is granted, and on or before June 23, 2025, the appellant shall serve and file a supplemental record containing the complete transcript of the proceedings before the Supreme Court, Kings County, which occurred on May 10, 2023, 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 for leave to serve and file an amended brief is granted to the extent that on or before July 23, 2025, the respondent shall serve and file a replacement brief which contains citations to the supplemental record and which is in all other respects the same as the brief previously filed, via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the amended respondent's brief and upload a digital copy of the brief, with proof of service thereof, through the digital portal on this Court's website, and that branch of the motion is otherwise denied.
DILLON, J.P., CHRISTOPHER, WAN and HOM, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court