Appellate Division: Second Judicial Department

M262744

E/mm

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, for failure to comply with a decision and order on motion of this Court dated January 30, 2019, or, in the alternative, to direct the appellant to serve and file a second supplemental record containing certain material or to correct the supplemental record, 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 direct the appellant to serve and file a second supplemental record or to correct the supplemental record is granted to the extent that on or before June 17, 2019, the appellant shall serve and file a second supplemental record containing Exhibits D, E, and M to the affirmation in opposition of Joseph Miller dated November 23, 2016, unobscured and legible copies of the documents appearing on pages 4 and 181 of the record, and pages 12 through 14 of the respondent's memorandum in opposition dated November 23, 2016, or serve and file a replacement supplemental record that contains the missing material referenced above; 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 July 17, 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