Appellate Division: Second Judicial Department

M308686

AFA/

ANGELA G. IANNACCI, J.P.

VALERIE BRATHWAITE NELSON

DEBORAH A. DOWLING

DONNA-MARIE E. GOLIA, JJ.

2024-05265 US Bank, appellant, v Eric Fessler, respondent, et al., defendants. (Index No. 515825/2015)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Kings County, dated December 5, 2023. Motion by the respondent to dismiss the appeal on the ground that the record is inadequate or, in the alternative, to extend the time to serve and file a brief. Cross-motion by the appellant for leave to serve and file a supplemental record concerning certain material.

Upon the papers filed in support of the motion and cross-motion and the papers filed in opposition thereto, it is

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

ORDERED that the cross-motion is granted to the extent that on or before December 19, 2025, the appellant shall serve and file a supplemental record containing Supreme Court NYSCEF Document Nos. 1, 6, 7, 21, 28, 29, 41, 58, 60, 68, 69, 70, 72, 83, 93, 96, 148, 153, 155, and 156, 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 the cross-motion is otherwise denied; and it is further,

ORDERED that the branch of the motion which is to extend the time to serve and filed a brief is granted, and on or before February 17, 2026, 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.

IANNACCI, J.P., BRATHWAITE NELSON, DOWLING and GOLIA, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court