Appellate Division: Second Judicial Department

M266087

E/mb

WILLIAM F. MASTRO, J.P.

RUTH C. BALKIN

SHERI S. ROMAN

FRANCESCA E. CONNOLLY, JJ.

2019-00216, 2019-00218 Pinkesz Mutual Holdings, LLC, plaintiff-appellant, v Edward Pinkesz, etc., defendant third-party plaintiff-respondent, Anthony Pinkesz, etc., defendan third-party plaintiff-respondent, Joel Wurtzberger, defendant-appellant, et al., defendants; Saul E. Feder, etc., et al., third-party defendants- appellants, et al., third-party defendants. (Index No. 507958/13)

DECISION & ORDER ON MOTION t

Motion by Edward Pinkesz to dismiss appeals from two orders of the Supreme Court, Kings County, both dated November 23, 2018, on the ground that the joint record is inadequate, or, in the alternative, to direct the appellants to serve and file a supplemental joint record containing certain material and to mark that material confidential, to extend the time to serve and file a brief, and to vacate a stay of enforcement of certain discovery provisions contained in the orders dated November 23, 2018, which was granted by decision and order on motion of this Court dated April 23, 2019.

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 appellants to serve and file a supplemental joint record is granted and on or before October 16, 2019, the appellants shall serve and file a supplemental joint record containing the documents annexed to the affirmation of Victor A. Worms dated November 30, 2017, as Exhibits K and P; and it is further,

ORDERED that the supplemental joint record shall be marked confidential and shall not be made available for public viewing but may be viewed by the parties to the appeal, counsel appearing on their behalf, or representatives of counsel, authorized in writing, to view the supplemental joint record; and it is further,

ORDERED that the branch of the motion which is to extend Edward Pinkesz's time to serve and file a brief is granted, Edward Pinkesz's time to serve and file a brief is extended until November 25, 2019, and Edward Pinkesz's brief shall be served and filed on or before that date ; and it is further,

ORDERED that no further extension of time shall be granted; and it is further,

ORDERED that the motion is otherwise denied.

MASTRO, J.P., BALKIN, ROMAN and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court