Appellate Division: Second Judicial Department

M307099

AFA/

VALERIE BRATHWAITE NELSON, J.P.

ROBERT J. MILLER

DEBORAH A. DOWLING

CARL J. LANDICINO, JJ.

2024-05870 U.S. Bank National Association, etc., respondent, v Liat Cohen, etc., appellant, et al., defendants. (Index No. 507667/2015)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Kings County, dated October 3, 2023. Motion by the respondent to dismiss the appeal on the ground that the order was superseded by an order of the same court also dated October 3, 2023, to dismiss the appeal on the ground that the record is inadequate or, in the alternative, to direct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 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 are denied; and it is further,

ORDERED that the branch of the motion which is to direct the appellant to file a supplemental record is granted, and on or before September 8, 2025, the appellant shall serve and file a supplemental record containing Supreme Court NYSCEF Document Nos. 71 and 102, 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 October 8, 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.

BRATHWAITE NELSON, J.P., MILLER, DOWLING and LANDICINO, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court