| J. v 3619 Realty Corp. |
| Motion No: 2017-10851 |
| Slip Opinion No: 2018 NY Slip Op 92006(U) |
| Decided on December 28, 2018 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M258702
E/mm
HECTOR D. LASALLE, J.P.
BETSY BARROS
VALERIE BRATHWAITE NELSON
ANGELA G. IANNACCI, JJ.
|
2017-10851 E. J., etc., et al., respondents-appellants, v 3619 Realty Corp., respondent, Meir Michael Solomon, et al., appellants-respondents, et al., defendants. (Index No. 4950/05)
| DECISION & ORDER ON MOTION |
Motion by the respondents-appellants to direct the appellants-respondents Meir Michael Solomon and Daniel "Dan" McLoud, to correct the joint appendix on appeals and a cross appeal from an order of the Supreme Court, Kings County, dated August 25, 2017, for leave to serve and file a supplemental joint appendix, and to extend the time to serve and file a brief. Cross motion by the respondent to dismiss the cross appeal for failure to timely perfect.
Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that on or before January 28, 2019, the appellants-respondents' Meir Michael Solomon and Daniel "Dan" McLoud shall replace pages 1576 and 1580 of the joint appendix with the documents annexed to the affirmation of Richard H. Bliss dated October 18, 2018, filed in support of the respondents-appellants' motion as Exhibit 9, or serve and file a replacement joint appendix which contains those replacement pages; and it is further,
ORDERED that on or before February 13, 2019, the respondents-appellants shall serve and file a supplemental joint appendix containing copies of the 51 color photographs annexed to the affirmation of Richard H. Bliss dated October 18, 2018, filed in support of the respondents-appellants as Exhibit 11; and it is further,
ORDERED that the respondents-appellants' time to serve and file their answering brief, including the points of argument on the cross appeal, is extended until February 13, 2019, and the answering brief shall be served and filed on or before that date; and it is further,
ORDERED that the cross motion is denied.
LASALLE, J.P., BARROS, BRATHWAITE NELSON and IANNACCI, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court