Appellate Division: Second Judicial Department

M266594

E/sl

REINALDO E. RIVERA, J.P.

SYLVIA O. HINDS-RADIX

BETSY BARROS

VALERIE BRATHWAITE NELSON, JJ.

2018-14770 SC Bromley 1, LLC, respondent, v John Sherman, etc., et al., defendants, Johnnie Falucon, etc., appellant. (Index No. 7283/09)

DECISION & ORDER ON MOTION

Motion by the respondent, in effect, to enlarge the record on an appeal from an order of the Supreme Court, Queens County, entered October 9, 2018, to include certain material and to extend the time to serve and file a brief. Separate motion by the appellant for leave to renew his prior motion to stay all proceedings in the above-entitled action pending hearing and determination of the appeal, and, in effect, for leave to serve and file a replacement brief in the event that the record is enlarged to include the material specified in the respondent's motion.

Upon the papers filed in support of the respondent's motion and no papers having been filed in opposition or in relation thereto, and upon the papers filed in support of the appellant's motion and the papers filed in opposition thereto, it is

ORDERED that the branch of the respondent's motion which is to extend the respondent's time to serve and file a brief is granted, the respondent's time to serve and file a brief is extended until November 18, 2019, and the respondent's brief shall be served and filed on or before that date; and it is further,

ORDERED that the respondent's motion is otherwise denied; and it is further,

ORDERED that the branch of the appellant's motion which is, in effect, for leave to serve and file a replacement brief in the event that the record is enlarged to include the material specified in the respondent's motion is denied as academic; and it is further,

ORDERED that the appellant's motion is otherwise denied.

RIVERA, J.P., HINDS-RADIX, BARROS and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court