Appellate Division: Second Judicial Department

M312205

DF/

MARK C. DILLON, J.P.

WILLIAM G. FORD

HELEN VOUTSINAS

JAMES P. MCCORMACK, JJ.

2024-11503 Deutsche Bank National Trust Company, etc., appellant, v James Palmer, etc., et al., defendants, Board of Managers of Hillcrest Part Condominium Group V, respondent. (Index No. 54774/2019)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Westchester County, dated October 4, 2024. Motion by the respondent, in effect, to dismiss the appeal on the grounds that the record is inadequate and the appellant's brief refers to matter dehors the record. Motion by the appellant to extend the time to serve and file a reply brief.

Upon the papers filed in support of the motion by the respondent and the papers filed in opposition thereto, and upon the papers filed in support of the motion by the appellant and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branch of the motion by the respondent which is to dismiss the appeal on the ground that the record is inadequate is granted to the extent that on or before April 24, 2026, the appellant shall serve and file a supplemental record containing Supreme Court NYSCEF Document Nos. 4 through 7, 9 through 12, 15 through 20, 23, 71 through 72, 77, and 95, 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 by the respondent which is, in effect, to dismiss the appeal on the ground that the appellant's brief refers to matter dehors the record is held in abeyance and referred to the panel of Justices hearing the appeals for determination upon the argument or submission thereof; and it is further,

ORDERED that the motion by the appellant is granted, the appellant's time to serve and file a reply brief is extended, and on or before April 24, 2026, the appellant shall serve and file the reply brief 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.

DILLON, J.P., FORD, VOUTSINAS and MCCORMACK, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court