Appellate Division: Second Judicial Department

M238001

E/ct

MARK C. DILLON, J.P.

SYLVIA O. HINDS-RADIX

HECTOR D. LASALLE

FRANCESCA E. CONNOLLY, JJ.

2016-04719 Syed A. Shah, appellant, v Md M. Rahman, et al., respondents. (Index No. 15370/12)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from a judgment of the Supreme Court, Kings County, entered March 18, 2016, to extend the time to comply with a decision and order on motion of this Court dated May 10, 2017, as amended May 12, 2017.

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

ORDERED that the motion is granted and on or before October 23, 2017, the appellant shall serve and file a supplemental appendix containing the portions of the trial testimony of the respondents' experts, as well as any trial exhibits, that "the appellant reasonably assumes will be relied upon by the respondent[s]" (CPLR 5528[a][5]) ; and it is further,

ORDERED that no further extensions of time shall be granted; and it is further,

ORDERED that on the Court's own motion, the respondents' time to serve and file a brief is enlarged until November 22, 2017, and the respondents' brief shall be served and filed on or before that date.

DILLON, J.P., HINDS-RADIX, LASALLE and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court