Appellate Division: Second Judicial Department

M307179

AFA/

VALERIE BRATHWAITE NELSON, J.P.

CARL J. LANDICINO

JAMES P. MCCORMACK

PHILLIP HOM, JJ.

2024-06952 Stacey Pierre, appellant, v Empire Community Development LLC, respondent. (Index No. 710582/2021)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Queens County, dated March 14, 2024. Motion by the respondent to dismiss the appeal on the ground that the record is inadequate or, in the alternative, 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 is granted to the extent that on or before September 10, 2025, the appellant shall serve and file a supplemental record containing Supreme Court NYSCEF Document Nos. 6 through 10, 12 through 13, and 16 through 22, 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 that branch of the motion is 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 October 10, 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., LANDICINO, MCCORMACK and HOM, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court