Appellate Division: Second Judicial Department

M308550

AFA/

HECTOR D. LASALLE, P.J.

FRANCESCA E. CONNOLLY

LOURDES M. VENTURA

ELENA GOLDBERG VELAZQUEZ, JJ.

2023-00065 DLJ Mortgage Capital, Inc., appellant, v Marie L. Amy, et al., respondents, et al., defendant. (Index No. 18463/2013)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Kings County, dated November 1, 2022. By order to show cause dated July 28, 2025, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal for failure to comply with a decision and order on motion of this Court dated May 19, 2025. Motion by the appellant, in effect, to extend the time to comply with the decision and order on motion of this Court dated May 19, 2025.

Now, upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the motion by the appellant and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion to dismiss the appeal is denied; and it is further,

ORDERED that the motion by the appellant is granted, the appellant's time to comply with the decision and order on motion of this Court dated May 19, 2025, is extended, and on or before November 10, 2025, the appellant shall serve and file a replacement brief that does not refer to matter dehors the record, via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the replacement brief and upload a digital copy of the replacement brief, with proof of service thereof, through the digital portal on this Court's website.

LASALLE, P.J., CONNOLLY, VENTURA and GOLDBERG VELAZQUEZ, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court