| Kantrowitz, Goldhamer & Graifman, P.C. v Ayrovainen |
| Motion No: 2018-04918 |
| Slip Opinion No: 2019 NY Slip Op 70089(U) |
| Decided on May 10, 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. |
Appellate Division: Second Judicial Department
M262662
E/mm
RUTH C. BALKIN, J.P.
JOHN M. LEVENTHAL
SHERI S. ROMAN
FRANCESCA E. CONNOLLY, JJ.
|
2018-04918, 2018-11990, 2018-12917 Kantrowitz, Goldhamer & Graifman, P.C., respondent, v Cindy Ayrovainen, etc., appellant.
(Index No. 33057/12)
| DECISION & ORDER ON MOTION |
Motion by the respondent on appeals from a judgment of the Supreme Court, Rockland County, dated October 17, 2018, and two orders of the same court dated March 27, 2018, and September 19, 2018, respectively, for leave to serve and file a supplemental record containing certain material and for an award of an attorney's fee. Cross motion by the appellant for leave to serve and file a supplemental record containing certain material and for an award of an attorney's fee and costs. Application by the respondent 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 respondent's motion and the appellant's cross 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 appellant's cross motion which is for leave to serve and file a supplemental record is granted; and it is further,
ORDERED that on or before June 3, 2019, the appellant shall serve and file a supplemental record containing the plaintiff's posttrial brief; the plaintiff's trial Exhibit 7; and the first three pages of Exhibit B annexed to the original complaint, which are annexed to the papers filed in support of the respondent's motion as Exhibit I; and it is further,
ORDERED that the branch of the respondent's motion which is for leave to serve and file a supplemental record is denied as unnecessary with respect to the first three pages of Exhibit B annexed to the original complaint, and is otherwise denied; and it is further,
ORDERED that the respondent's motion and the appellant's cross motion are otherwise denied; and it is further,
ORDERED that the application is granted, the respondent's time to serve and file a brief is extended until July 3, 2019, and the respondent's brief shall be served and filed on or before that date.
BALKIN, J.P., LEVENTHAL, ROMAN and CONNOLLY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court