Appellate Division: Second Judicial Department

M263019

E/mm

CHERYL E. CHAMBERS, J.P.

SHERI S. ROMAN

JEFFREY A. COHEN

COLLEEN D. DUFFY, JJ.

2018-13903 Todd E. Freed, et al., respondents, v Barbara Best, defendant, Zarko Svatovic, appellant. (Index No. 1247/14)

DECISION & ORDER ON MOTION

Motion by the appellant to extend the time to perfect an appeal from an order of the Supreme Court, Suffolk County, dated September 28, 2018, and to waive certification of the appellant's appendix pursuant to 22 NYCRR 1250.7(g). Application by the respondents to dismiss the appeal for failure to settle the trial transcript and on the ground that the proposed appendix is inadequate.

Upon the papers filed in support of the 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 motion is granted; and it is further,

ORDERED that the appellant's time to serve and file the appellant's appendix and the appellant's brief is extended until June 26, 2019, and the appellant's appendix and the appellant's brief shall be served and filed on or before that date; and it is further,

ORDERED that the application is denied without prejudice to making a motion for the relief sought.

CHAMBERS, J.P., ROMAN, COHEN and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court