Appellate Division: Second Judicial Department

M221985

E/sl

RUTH C. BALKIN, J.P.

THOMAS A. DICKERSON

JEFFREY A. COHEN

VALERIE BRATHWAITE NELSON, JJ.

2016-00782 Erwin E. Grant, appellant, v Neville Gordon, et al., respondents. (Index No. 75010/09)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Supreme Court, Kings County, dated December 1, 2015, to allow him to perfect the appeal without filing the trial transcript or, to be provided with the trial transcript, without charge, or to extend the time to comply with a decision and order on motion of this Court dated September 22, 2016.

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 extend the time to comply with a decision and order on motion of this Court dated September 22, 2016, is granted, and on or before December 28, 2016, the appellant shall serve and file a replacement appellant's appendix that complies with the CPLR and the rules of the Court (see CPLR 5528; 22 NYCRR § 670.10.2), and a replacement appellant's brief that contains appropriate references to the replacement appellant's appendix; and it is further,

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

ORDERED that on the Court's own motion, the respondents' time to serve and file a brief is enlarged until January 27, 2017, and the respondents' brief must be served and filed on or before that date.

BALKIN, J.P., DICKERSON, COHEN and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court