Appellate Division: Second Judicial Department

M250782

E/afa

REINALDO E. RIVERA, J.P.

JOSEPH J. MALTESE

BETSY BARROS

LINDA CHRISTOPHER, JJ.

2018-00641 Nazema Amerally, respondent, v Liberty King Produce, Inc., etc., appellant. (Index No. 18101/12)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Queens County, entered September 18, 2017, on the ground that the record is inadequate, to impose a sanction upon the appellant and/or its counsel or, in the alternative, to direct the appellant to serve and file a supplemental record and to enlarge the time to serve and file a brief. Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief.

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

ORDERED that the branch of the motion which is to dismiss the appeal is denied on condition that on or before July 2, 2018, the appellant serve and file a supplemental record containing two orders of the Supreme Court, Queens County, dated July 8, 2016, and April 19, 2017, respectively, and the reply affirmation of Jonathan A. Dachs dated April 19, 2016; and it is further,

ORDERED that the branch of the motion which is to enlarge the respondent's time to serve and file a brief and the application for that relief are granted, the respondent's time to serve and file a brief is enlarged until August 1, 2018, and the respondent's brief shall be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied.

RIVERA, J.P., MALTESE, BARROS and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court