Appellate Division: Second Judicial Department

M268234

kbp/

REINALDO E. RIVERA, J.P.

RUTH C. BALKIN

JEFFREY A. COHEN

ANGELA G. IANNACCI, JJ.

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 for leave to serve and file a joint second supplemental appendix containing certain documents on an appeal and a cross appeal from an order of the Supreme Court, Kings County, dated October 22, 2018, to extend the time to serve and file an answering brief, and for an award of costs.

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 for leave to serve and file a joint second supplemental appendix is granted, and on or before January 16, 2020, the respondent-appellant shall serve and file the joint second supplemental appendix; and it is further,

ORDERED that the branch of the motion which is to extend the time to serve and file an answering brief is granted, and on or before January 16, 2020, the respondent-appellant shall serve and file the answering brief, including the points of argument on the cross appeal, in accordance with the rules of this Court (see 22 NYCRR 1250.9[f][1][iv]); and it is further,

ORDERED that the motion is otherwise denied.

RIVERA, J.P., BALKIN, COHEN and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court