Appellate Division: Second Judicial Department

M311819

DF/

VALERIE BRATHWAITE NELSON, J.P.

PAUL WOOTEN

JANICE A. TAYLOR

ELENA GOLDBERG VELAZQUEZ, JJ.

2024-09738 Bank of New York, N.A., respondent, v Discobath Products, Inc., et al., appellants. (Index No. 531722/2023)

DECISION & ORDER ON MOTION

Appeal from a judgment of the Supreme Court, Kings County, dated August 2, 2024. By decision and order on motion of this Court dated November 24, 2025, the appellants were directed to serve and file a supplemental record containing the judgment. By order to show cause dated February 27, 2026, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal in the above-entitled action for failure to comply with the decision and order on motion of this Court dated November 24, 2025. Application by the appellant, in effect, to extend the time to comply with the decision and order on motion of this Court dated November 24, 2025, and for leave to file a replacement record containing the judgment and which is in all other respects the same as the previously filed record in lieu of filing a supplemental record.

Now, upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is denied; and it is further,

ORDERED that the application is granted, and the replacement record submitted to the Clerk of the Court is accepted for filing and deemed timely served.

BRATHWAITE NELSON, J.P., WOOTEN, TAYLOR and GOLDBERG VELAZQUEZ, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court