Appellate Division: Second Judicial Department

M308500

AFA/

VALERIE BRATHWAITE NELSON, J.P.

WILLIAM G. FORD

LILLIAN WAN

LAURENCE L. LOVE, JJ.

2024-08207 GMAC Mortgage, LLC, respondent, v Cavanes G. Pierre, defendant; Ivurube Properties Inc., nonparty-appellant. (Index No. 6012/2012)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Kings County, dated March 15, 2024. Motion by the respondent to dismiss the appeal on the ground that no appeal lies from an order denying reargument and 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 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. 1, 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 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.

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

ENTER:

Darrell M. Joseph

Clerk of the Court