Appellate Division: Second Judicial Department

M264740

E/sl

MARK C. DILLON, J.P.

LEONARD B. AUSTIN

JOHN M. LEVENTHAL

COLLEEN D. DUFFY, JJ.

2018-09443 Michael J. Troyano, appellant, v Nicole Burris, et al., respondents. (Index No. 64925/15)

DECISION & ORDER ON MOTION

Motion by the respondents to dismiss an appeal from a judgment of the Supreme Court, Westchester County, dated July 13, 2018, on the ground that the appellant's appendix is inadequate or, in the alternative, to extend the time to serve and file a brief. Cross motion by the appellant for leave to serve and file a supplemental appendix containing the transcript of the proceedings which occurred on May 24, 2019, pages 452 through 541.

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 cross motion and no papers having been filed in opposition or in relation thereto, it is it is

ORDERED that the motion is dismissed for failure to comply with the Electronic Filing Rules of the Appellate Division (see 22 NYCRR 1245.6[a][1], [a][2]); and it is further,

ORDERED that the cross motion is granted, and on or before August 15, 2019, the appellant shall serve and file a supplemental appendix containing the transcript of the proceedings which occurred on May 24, 2019, pages 452 through 541; and it is further,

ORDERED that on the Court's own motion, the respondents' time to serve and file a brief is extended until September 16, 2019, and the respondents' brief shall be served and filed on or before that date.

DILLON, J.P., AUSTIN, LEVENTHAL and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court