Appellate Division: Second Judicial Department

M308563

AFA/

HECTOR D. LASALLE, P.J.

FRANCESCA E. CONNOLLY

LOURDES M. VENTURA

ELENA GOLDBERG VELAZQUEZ, JJ.

2024-08471 Nasra Elbehary, respondent, v Samy Hassan, appellant. (Index No. 550939/2020)

DECISION & ORDER ON MOTION

Appeal from a judgment of the Supreme Court, Kings County, dated May 14, 2024. Motion by the respondent to dismiss the appeal on the ground that the record is inadequate, or, in the alternative, to strike stated portions of the record on the ground it contains matter dehors the record, 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 branch of the motion which is to dismiss the appeal is granted to the extent that on or before November 10, 2025, the appellant shall serve and file a supplemental record containing the respondent's trial exhibits admitted into evidence, 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 strike stated portions of the record is 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 9, 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.

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

ENTER:

Darrell M. Joseph

Clerk of the Court