| Madigan v Berkeley Capital, LLC |
| Motion No: 2018-13098 |
| Slip Opinion No: 2019 NY Slip Op 76059(U) |
| Decided on July 25, 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
M264765
E/mm
JOHN M. LEVENTHAL, J.P.
HECTOR D. LASALLE
BETSY BARROS
FRANCESCA E. CONNOLLY, JJ.
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2018-13098 Faye Madigan, etc., appellant-respondent, v Berkeley Capital, LLC, et al., defendants, Rosa Bronstein, et al., respondents, Oceana Holding Corp., respondent-appellant. (Index No. 516351/17)
| DECISION & ORDER ON MOTION |
Motion by the respondent-appellant, inter alia, on an appeal and cross appeal from an order of the Supreme Court, Kings County, dated October 22, 2018, to dismiss the appeal on the ground that the joint appendix is inadequate or, in the alternative, to extend the time to serve and file a brief. Cross motion by the appellant-respondent, inter alia, for leave to serve and file a replacement joint appendix which contains certain documents.
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 branch of the motion which is to dismiss the appeal is denied on condition that on or before August 26, 2019, the appellant-respondent serve and file a supplemental joint appendix which contains the exhibits annexed to the papers filed in opposition to the motion to vacate the stay that resulted in the order dated October 22, 2018, the order of the Supreme Court, Kings County, dated November 9, 2017, the exhibits annexed to the papers filed in support of the motion for a protective order, the reply papers concerning that motion, and the order to show cause concerning that motion which contains a temporary restraining order; and it is further,
ORDERED that the branch of the motion which is to extend the respondent-appellant's time to serve and file a brief is granted, the time to serve and file the answering brief, including the points of argument on the cross appeal (see 22 NYCRR 1250.9[f][1][iv]) is extended until September 25, 2019, and the answering brief shall be served and filed on or before that date; and it is further,
ORDERED that the motion is otherwise denied; and it is further,
ORDERED that the cross motion is denied.
LEVENTHAL, J.P., LASALLE, BARROS and CONNOLLY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court