| US Bank National Association v Goldberger |
| Motion No: 2024-05472 |
| Slip Opinion No: 2025 NY Slip Op 74553(U) |
| Decided on August 15, 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
M307246
AFA/
BETSY BARROS, J.P.
LARA J. GENOVESI
WILLIAM G. FORD
DONNA-MARIE E. GOLIA, JJ.
|
2024-05472, 2024-05474 US Bank National Association, etc., respondent, v Herman Goldberger, appellant, et al., defendants. (Index No. 24946/2009)
| DECISION & ORDER ON MOTION |
Appeals from an order and judgment (one paper) of the Supreme Court, Kings County, dated December 8, 2023, and from an order of the same court dated February 20, 2024. Motion by the respondent, in effect, to dismiss the appeals on the grounds that they have been rendered academic and 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 and in relation thereto, it is
ORDERED that the branch of the motion which is to dismiss the appeals on the ground that they have been rendered academic is held in abeyance and referred to the panel of Justices hearing the appeals for determination upon the argument or submission thereof; and it is further,
ORDERED that the branch of the motion which is to direct the appellant to file a supplemental record containing certain material is granted, and on or before September 15, 2025, the appellant shall serve and file a supplemental record containing Supreme Court NYSCEF Document Nos. 7, 8, 14 and 52, 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 14, 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; and it is further,
ORDERED that the motion is otherwise denied.
BARROS, J.P., GENOVESI, FORD and GOLIA, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court