Appellate Division: Second Judicial Department

M308631

AFA/

BETSY BARROS, J.P.

PAUL WOOTEN

JANICE A. TAYLOR

JAMES P. MCCORMACK, JJ.

2024-03703 GMAC Mortgage, LLC, respondent, v Cavanes G. Pierre, appellant, et al., defendants. (Index No. 6012/2012)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Kings County, dated December 1, 2023. Motion by the respondent to dismiss the appeal on the ground that the appellant failed to assemble a proper supplemental record, or, in the alternative, 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 and in relation thereto, it is

ORDERED that the branch of the motion which is to dismiss the appeal on the ground that the appellant failed to assemble a proper supplemental record is denied on condition that on or before November 17, 2025, the appellant shall serve and file a replacement supplemental record that contains a table of contents that accurately describes the papers included in the supplemental record, that is properly paginated, and that contains proper headings, in compliance with CPLR 5529(b) and 22 NYCRR 1250.7(b), via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the replacement supplemental record and upload a digital copy of the replacement 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 16, 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.

BARROS, J.P., WOOTEN, TAYLOR and MCCORMACK, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court