Appellate Division: Second Judicial Department

M310148

AFA/

MARK C. DILLON, J.P.

VALERIE BRATHWAITE NELSON

CARL J. LANDICINO

SUSAN QUIRK, JJ.

2024-10394, 2024-10398, 2025-03040, 2025-03044 JP Morgan, respondent, v Mary Jones, et al., defendants; Prince Home LLC, nonparty-appellant. (Appeal No. 1) JP Morgan Chase Bank National Association, respondent, v Mary Jones, et al., defendants; Prince Home LLC, nonparty-appellant. (Appeal No. 2) Wilmington Savings Fund Society, etc., respondent, v Beneficial New York, Inc., et al., defendants; Prince Home LLC, nonparty-appellant. (Appeal No. 3) Wilmington, respondent, v Beneficial New York, et al., defendants; Prince Home LLC, nonparty-appellant. (Appeal No. 4) (Index No. 16853/2009)

DECISION & ORDER ON MOTION

Appeals from three orders of the Supreme Court, Kings County, dated June 25, 2024 (two orders), and January 9, 2025, respectively, and an order and judgment (one paper) of the same court dated January 9, 2025. Motion by the respondent, inter alia, to strike stated portions of the record and appellant's brief on the ground that they contain and refer to matter dehors the record. Motion by the appellant to strike stated portions of the respondent's brief on the ground that it refers to matter dehors the record, to extend the time to serve and file a reply brief, and to impose a sanction upon the respondent and its attorney. Separate motion by the appellant, inter alia, in effect, to consolidate the appeals from the orders dated June 25, 2024, with the appeals from the order and the order and judgment both dated January 9, 2025. Separate motion by the appellant to stay enforcement of the order and judgment, including the sale of the subject property, pending hearing and determination of the appeals.

Upon the papers filed in support of the motion by the respondent and the motion by the appellant, inter alia, in effect, to consolidate the appeals and no papers having been filed in opposition or in relation thereto, and upon the papers filed in support of the motions by the appellant to strike stated portions of the respondent's brief on the ground that it refers to matter dehors the record, to extend the time to serve and file a reply brief, and to impose sanctions upon the respondent and its attorney and the motion by the appellant to stay enforcement of the order and judgment and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion by the appellant which is, in effect, to extend the time to serve and file a reply brief on the appeals from the orders dated June 25, 2024, is granted, the appellant's time to serve an file a reply brief on the appeals from the orders dated June 25, 2024 is extended, and on or about December 29, 2025, the appellant shall serve and file a reply brief on the appeals from the two orders dated June 25, 2024, via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the reply brief and upload a digital copy of the reply brief, 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 by the appellant which is to consolidate the appeals from the orders dated June 25, 2024, with the appeals from the order and the order and judgment both dated January 9, 2025, is granted, the appeals are consolidated, the record and briefs filed in connection with the appeals from the orders dated June 25, 2024, are deemed also to be filed in connection with the appeals from the order and order and judgment both dated January 9, 2025, on or before January 20, 2026, the parties shall serve and file, via NYSCEF, replacement briefs and a replacement record which contain Appellate Division Docket Nos. 2025-03040 and 2025-03044 in addition to Appellate Division Docket Nos. 2024-10394 and 2024-10398 on the covers, and on or before January 20, 2026, the appellant shall serve and file, via NYSCEF, a supplemental brief containing any points of argument in connection with the appeals from the order and the order and judgment both dated January 9, 2025, and a supplemental record which contains any papers constituting the record on appeal from the order and the order and judgment both dated January 9, 2025, that are not already contained in the record filed in connection with the appeal from the orders dated June 25, 2024, via NYSCEF, if applicable, or, if NYSCEF is not mandated, upload a digital copy of the supplemental brief and supplemental record, with proof of service thereof, through the digital portal on this Court's website; and it is further,

ORDERED that the motion by the appellant to stay enforcement of the order and judgment, including the sale of the subject property, pending hearing and determination of the appeals is granted and enforcement of the order and judgment, including the sale of the subject property are stayed, pending hearing and determination of the appeals; and it is further,

ORDERED that the motions are otherwise denied.

DILLON, J.P., BRATHWAITE NELSON, LANDICINO and QUIRK, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court