Appellate Division: Second Judicial Department

M309413

AFA/

CHERYL E. CHAMBERS, J.P.

PAUL WOOTEN

LOURDES M. VENTURA

ELENA GOLDBERG VELAZQUEZ, JJ.

2024-10628, 2025-08742 DLJ Mortgage Capital, Inc., respondent, v Josep Molyaev, appellant, et al., defendants. (Index No. 508610/2014)

DECISION & ORDER ON MOTION

Appeals from two orders of the Supreme Court, Kings County, dated July 14, 2024, and July 30, 2024, respectively. Motion by the respondent to dismiss the appeals on the ground that the record is inadequate, or, in the alternative, to direct the appellant to serve and file a supplemental record containing certain material, 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 denied; and it is further,

ORDERED that the branch of the motion which is to direct the appellant to serve and file a supplemental record containing certain material is granted, and on or before December 17, 2025, the appellant shall serve and file a supplemental record containing exhibits 11, 12, and 13, entered into evidence at the traverse hearing, 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 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 January 16, 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.

CHAMBERS, J.P., WOOTEN, VENTURA and GOLDBERG VELAZQUEZ, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court