Sarr v Public Storage Institutional Fund III, a California Limited Par
Motion No: 2017-12414
Slip Opinion No: 2019 NY Slip Op 61838(U)
Decided on January 30, 2019
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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M259651

E/sl

LEONARD B. AUSTIN, J.P.

BETSY BARROS

FRANCESCA E. CONNOLLY

ANGELA G. IANNACCI, JJ.

2017-12414

Abdourahamane Sarr, appellant, v Public

Storage Institutional Fund III, a California

Limited Partnership, etc., respondent.

(Index No. 2463/12)

DECISION & ORDER ON MOTION

Motion by the respondent, inter alia, to dismiss an appeal from an order of the Supreme Court, Kings County, dated October 4, 2017, and to extend 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 dismiss the appeal is denied on condition that on or before March 1, 2019, the appellant serve and file a supplemental record containing the documents listed in paragraph 16 of the affirmation of Joseph Miller dated December 3, 2018, filed in support of the motion; and it is further,

ORDERED that the branch of the motion which is to extend the respondent's time to serve and file a brief is granted, the respondent's time to serve and file a brief is extended until April 1, 2019, 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.

AUSTIN, J.P., BARROS, CONNOLLY and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court