Appellate Division: Second Judicial Department

M310156

AFA/

MARK C. DILLON, J.P.

VALERIE BRATHWAITE NELSON

CARL J. LANDICINO

SUSAN QUIRK, JJ.

2023-11491 Maura Ellen Rose, respondent, v Thom Primer, appellant. (Index No. 50427/2021)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Kings County, dated October 17, 2023.

Motion by the respondent, in effect, 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.

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 granted to the extent that on or before January 22, 2026, the appellant shall serve and file a supplemental record containing Supreme Court NYSCEF Document Nos. 6, 8, 10, and 15 through 19, 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 that branch of the motion is otherwise denied; 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 February 20, 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.

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

ENTER:

Darrell M. Joseph

Clerk of the Court