Appellate Division: Second Judicial Department

M312139

ID/

COLLEEN D. DUFFY, J.P.

LINDA CHRISTOPHER

CARL J. LANDICINO

SUSAN QUIRK, JJ.

2023-09825 U.S. Bank National Association, etc., respondent, v James McGown, et al., defendants, Amy Carole Hicks, etc., appellant. (Index No. 4079/2008)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Kings County, dated June 14, 2023. Motion by the respondent, in effect, to dismiss the appeal on the ground that the record is inadequate, or, in the alternative, to strike stated portions of the record on the ground that they contain matter dehors the record, 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 strike stated portions of the record is granted, pages 213 through 345 of the record are stricken, and on or before April 22, 2026, the appellant shall serve and file a replacement record that does not contain the stricken material, but which is in all other respects the same as the record previously filed via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the replacement record and upload a digital copy of the replacement 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 May 22, 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.

DUFFY, J.P., CHRISTOPHER, LANDICINO and QUIRK, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court