Appellate Division: Second Judicial Department

M302825

AFA/

MARK C. DILLON, J.P.

PAUL WOOTEN

HELEN VOUTSINAS

LOURDES M. VENTURA, JJ.

2023-11285 U.S. Bank, respondent, v Judith Nitka, etc., et al., defendants, Michael Nitka, etc., appellant. (Index No. 510132/2017)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Kings County, dated June 13, 2023. Motion by the respondent 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 replacement 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 replacement record is granted to the extent that on or before March 17, 2025, the appellant shall serve and file a supplemental record containing Supreme Court NYSCEF Document Nos. 35 through 42, 44 through 63, 91, 116 through 119, and 128 through 144, 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 April 16, 2025, 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., WOOTEN, VOUTSINAS and VENTURA, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court