Appellate Division: Second Judicial Department

M308498

AFA/

VALERIE BRATHWAITE NELSON, J.P.

WILLIAM G. FORD

LILLIAN WAN

LAURENCE L. LOVE, JJ.

2024-03831 Changhe Cheng, appellant, v Dajin Realty Inc., respondent. (Index No. 724392/2022)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Queens County, dated January 16, 2024. Motion by the respondent, inter alia, 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 no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branch of the motion which is to direct the appellant to serve and file a supplemental record is granted to the extent that on or before November 7, 2025, the appellant shall serve and file a supplemental record containing Supreme Court NYSCEF Document No. 5, 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 December 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; and it is further,

ORDERED that the motion is otherwise denied.

BRATHWAITE NELSON, J.P., FORD, WAN and LOVE, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court