Appellate Division: Second Judicial Department

M253894

E/sl

REINALDO E. RIVERA, J.P.

LEONARD B. AUSTIN

HECTOR D. LASALLE

ANGELA G. IANNACCI, JJ.

2017-09222, 2017-13353 Paul Kandel, et al., plaintiffs, v FN; Taxi; Inc., etc., et al., defendants, Brickman Group, Ltd., LLC, respondent, Port Authority of New York and New Jersey, appellant. (Action No. 1) Robert Flavors, et al., plaintiffs, v FN; Taxi; Inc., etc., et al., defendants, Brickman Group, Ltd., LLC, respondent, Port Authority of New York and New Jersey, appellant. (Action No. 2) (Index Nos. 3625/09, 27151/09)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss appeals from an order of the Supreme Court, Kings County, dated June 28, 2017, and a judgment of the same court in the above-entitled action dated September 12, 2017, on the ground that the record is inadequate or, in the alternative, to direct the appellant to serve and file a supplemental record containing certain material and 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, it is

ORDERED that the branch of the motion which is to direct the appellant to serve and file a supplemental record containing certain material is granted to the extent that on or before September 12, 2018, the appellant shall serve and file a supplemental record containing any trial exhibits which are not contained in the record or a stipulation pursuant to 22 NYCRR 670.10.2(b)(6); and it is further,

ORDERED that the branch of the motion which is to enlarge the time to serve and file a brief is granted, the respondent's time to serve and file a brief is enlarged until October 12, 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., AUSTIN, LASALLE and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court