Appellate Division: Second Judicial Department

M263232

E/mm

REINALDO E. RIVERA, J.P.

SHERI S. ROMAN

FRANCESCA E. CONNOLLY

VALERIE BRATHWAITE NELSON, JJ.

2018-10705 Landmark Plaza Properties Corp., appellant, v H2M Architects & Engineers, Land Surveying and Landscape Architecture, DPC, et al., respondents (Index No. 605572/18)

DECISION & ORDER ON MOTION .

Motion by the respondents to dismiss an appeal from an order of the Supreme Court, Suffolk County, dated August 7, 2018, for failure to raise the issue of collateral estoppel or on the ground that the record is inadequate or, in the alternative, to strike stated portions of the appellant's brief, to enlarge the record to include certain material, and to extend the time to serve and file a brief. Cross motion by the appellant for leave to serve and file a supplemental record containing certain material or for this Court to take judicial notice of that material.

Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, it is

ORDERED that the cross motion is granted and on or before July 8, 2019, the appellant shall serve and file a supplemental record containing the material annexed as Exhibit D to the affirmation of Glenn T. Nugent dated April 15, 2019; and it is further,

ORDERED that the branch of the motion which is to extend the respondents' time to serve and file a brief is granted, the respondents' time to serve and file a brief is extended until August 7, 2019, and the respondents' brief shall be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied.

RIVERA, J.P., ROMAN, CONNOLLY and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court