| Mazal Grafton v Power |
| Motion No: 2024-03955 |
| Slip Opinion No: 2025 NY Slip Op 78711(U) |
| Decided on October 17, 2025 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M308630
AFA/
BETSY BARROS, J.P.
PAUL WOOTEN
JANICE A. TAYLOR
JAMES P. MCCORMACK, JJ.
|
2024-03955 Mazal Grafton, respondent, v Earl Power, etc., et al., appellants, et al., defendants. (Index No. 521852/2023)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Kings County, dated April 15, 2024. Motion by the respondent to dismiss the appeal on the grounds that the record is inadequate, the transcript of the traverse hearing proceedings was not settled, and the record was not certified, or, in the alternative, 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 dismiss the appeal on grounds that the record is inadequate, the transcript of the traverse hearing proceedings was not settled, and the record was not properly certified, is granted to the extent that the record is stricken, and on or before November 17, 2025, the appellant settle the transcript of the traverse hearing proceedings, and serve and file, via NYSCEF, a replacement record containing (1) a properly settled transcript of the traverse hearing proceedings, any errata sheets, and an affirmation, certification, stipulation, or order settling the transcript pursuant to CPLR 5525, and (2) a record that is certified in accordance with 22 NYCRR 1250.7(g), via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the replacement record and upload a digital copy of the replacement 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