Appellate Division: Second Judicial Department

M307789

AFA/

LARA J. GENOVESI, J.P.

VALERIE BRATHWAITE NELSON

DEBORAH A. DOWLING

PHILLIP HOM, JJ.

2021-07866 Wells Fargo Bank, N.A., etc., appellant, v Tasha Santos, et al., respondents, et al., defendants. (Index No. 1199/2012)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Kings County, dated September 15, 2021. By decision and order on motion of this Court dated October 11, 2023, the motion by the respondent which was to dismiss the appeal on the ground that the record was inadequate was granted to the extent that the appellant was directed to serve and file a supplemental record containing the transcripts of the traverse hearing held in the Supreme Court and the exhibits from said hearing, by a date certain. By decision and order on motion of this Court dated March 15, 2024, the motion by the appellant which was to extend the time to comply with the decision and order on motion of this Court dated October 11, 2023, was extended to a date certain. By decision and order on motion of this Court dated July 24, 2024, the motion by the appellant to extend the time to comply with the decision and order on motion of this Court dated March 15, 2024, and the cross-motion by the respondent to dismiss the appeal on the ground that the appellant had failed to comply with the decision and order on motion of this Court dated March 15, 2024, were held in abeyance and the matter was referred to the Supreme Court, Kings County, for a reconstruction hearing with respect to the traverse hearing and the exhibits from said hearing. The Supreme Court, Kings County, has conducted the reconstruction hearing.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the papers filed in support of the cross-motion and no papers having been filed in opposition or in relation thereto, and upon the minutes of the reconstruction hearing dated May 27, 2025, it is

ORDERED that the motion is granted, and on or before October 10, 2025, the appellant shall serve and file, via NYSCEF, a supplemental record containing the transcripts of the traverse hearing held in Supreme Court, Kings County, and the exhibits from said hearing, and the transcripts of the reconstruction hearing held in Supreme Court, Kings County, and the exhibits from said hearing, which reconstructed so much of the traverse hearing that occurred on August 12, 2019, and the exhibits that were admitted into evidence at the traverse hearing on August 12, 2019, and which shall be used in place and stead of the transcript of the traverse hearing that occurred on August 12, 2019, and the exhibits that were admitted into evidence at the traverse hearing on August 12, 2019; and it is further,

ORDERED that the cross-motion is denied.

GENOVESI, J.P., BRATHWAITE NELSON, DOWLING and HOM, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court