Appellate Division: Second Judicial Department

M306220

AFA/

ANGELA G. IANNACCI, J.P.

DEBORAH A. DOWLING

BARRY E. WARHIT

LAURENCE L. LOVE, JJ.

2023-07198, 2024-04967 U.S. Bank National Association, etc., respondent-appellant, v Reuven Langner, et al., defendants, Congregation Shoneh Halochos, appellant-respondent. (Appeal No. 1) U.S. Bank National Association, etc., respondent, v Reuven Langner, et al., defendants, Congregation Shoneh Halochos, appellant. (Appeal No. 2) (Index No. 505091/2013)

DECISION & ORDER ON MOTION

Appeal and cross-appeal from an order of the Supreme Court, Kings County, dated May 24, 2023, and appeal from an order of the same court dated February 5, 2024. Motion by U.S. Bank National Association, inter alia, in effect, to dismiss the appeal by Reuven Langner for failure to timely perfect, to dismiss the appeal by Congregation Shoneh Halochos, inter alia, on the ground that the record is inadequate or, in the alternative, to direct Congregation Shoneh Halochos 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 branch of the motion which is to dismiss the appeal by Reuven Langner is denied as unnecessary as his appeal has been deemed dismissed pursuant to 22 NYCRR 1250.10(a); and it is further,

ORDERED that the branch of the motion which is to dismiss the appeal by Congregation Shoneh Halochos is denied; and it is further

ORDERED that the branch of the motion which is to direct Congregation Shoneh Halochos to serve and file a supplemental record is granted, and on or before July 30, 2025, Congregation Shoneh Halochos shall serve and file a supplemental record containing Supreme Court NYSCEF Document Nos. 12, 23-24, 36-44, 52, 63-64, 76-77, 112, and 163-164, 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 September 29, 2025, U.S. Bank National Association shall serve and file their brief, including the points of argument on the cross-appeal from the order dated May 24, 2024, 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; and it is further,

ORDERED that the motion is otherwise denied.

IANNACCI, J.P., DOWLING, WARHIT and LOVE, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court