Appellate Division: Second Judicial Department

M303361

AFA/

BETSY BARROS, J.P.

LILLIAN WAN

DONNA-MARIE E. GOLIA

JAMES P. MCCORMACK, JJ.

2024-03703 GMAC Mortgage, LLC, respondent, v Cavanes G. Pierre, appellant, et al., defendants. (Index No. 6012/2012)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Kings County, dated December 1, 2023. Motion by the respondent to dismiss the appeal on the grounds that it has been rendered academic and the record is inadequate or, in the alternative, 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 on the ground that it has been rendered academic is denied; and it is further,

ORDERED that the branch of the motion which is to dismiss the appeal on the ground that the record is inadequate is granted to the extent that on or before April 7, 2025, the appellant shall serve and file a supplemental record containing Supreme Court NYSCEF Document Nos. 1 through 7, 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 May 7, 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.

BARROS, J.P., WAN, GOLIA and MCCORMACK, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court