Appellate Division: Second Judicial Department

M266177

E/sl

LEONARD B. AUSTIN, J.P.

SHERI S. ROMAN

BETSY BARROS

FRANCESCA E. CONNOLLY, 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 respondents to dismiss an appeal from an order of the Supreme Court, Suffolk County, dated September 28, 2018, for failure to settle the trial transcript and on the ground that the proposed appendix is inadequate or, in the alternative, to extend the time to serve and file a brief.

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 dismiss the appeal is denied on condition that on or before October 29, 2019, the appellant settle the trial transcript and serve and file a supplemental appellant's appendix containing the settled trial transcript and all exhibits annexed to respondents' papers filed in opposition to the appellant's motion which was determined by the order dated September 28, 2018, that are not contained in the appellant's appendix, and remove pages 98, 99, 101 through 103, 185 through 198, and 200 through 218 contained in the appellant's appendix; and it is further,

ORDERED that the branch of the motion which is to extend the time to serve and file a brief is granted, the respondents' time to serve and file a brief is extended until December 2, 2019, and the respondents' brief shall be served and filed on or before that date.

AUSTIN, J.P., ROMAN, BARROS and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court