Appellate Division: Second Judicial Department

M311209

ID/

LARA J. GENOVESI, J.P.

CHERYL E. CHAMBERS

LILLIAN WAN

PHILLIP HOM, JJ.

2025-06148 NYC VB Management Corporation, respondent, v 226 Weirfield Holdings LLC, et al., defendants, Eldonado LLC, appellant. (Index No. 527186/2024)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Kings County, dated April 7, 2025. Motion by the respondent, in effect, to dismiss the appeal 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 to the extent that on or before March 13, 2026, the appellant shall serve and file a supplemental record containing Supreme Court NYSCEF Document Nos. 26, 33, and 34, 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 the respondent's brief is granted, and on or before April 13, 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.

GENOVESI, J.P., CHAMBERS, WAN and HOM, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court