Appellate Division: Second Judicial Department

M261115

E/mm

JOHN M. LEVENTHAL, J.P.

COLLEEN D. DUFFY

BETSY BARROS

ANGELA G. IANNACCI, JJ.

2018-01348 Josephine Arena, appellant, v City of New York, et al., defendants, Allstate Power Vac, Inc., et al., respondents. (Index No. 25747/09)

DECISION & ORDER ON MOTION

Motion by the respondent Allstate Power Vac, Inc., to dismiss an appeal from an order of the Supreme Court, Kings County, dated October 27, 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 extend the time to serve and file a brief. Separate applications by the respondents pursuant to 22 NYCRR 1250.9(g)(1) to extend the time to serve and file a brief.

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

ORDERED that the branch of the motion which is to direct the appellant to serve and file a supplemental record is granted and on or before April 18, 2019, the appellant shall serve and file a supplemental record containing the supplemental affidavit of Gary Horwedel dated February 25, 2011; and it is further,

ORDERED that the branch of the motion which is to extend the time to serve and file a brief and the applications for that relief are granted, the respondents' time to serve and file their respective briefs is extended until May 20, 2019, and the respondents' briefs shall be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied.

LEVENTHAL, J.P., DUFFY, BARROS and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court