Appellate Division: Second Judicial Department

M268476

kbp/

JOHN M. LEVENTHAL, J.P.

ROBERT J. MILLER

JOSEPH J. MALTESE

HECTOR D. LASALLE, JJ.

2019-00345 Tracy Ryals, appellant, v 539 JB Enterprises, etc., et al., defendants, West 21st Street Properties, LLC, defendant third-party plaintiff-respondent, International Assistance Group, LLC, defendant- respondent; John Bakhshi, third-party defendant- respondent, et al., third-party defendants. (Index No. 26466/11)

DECISION & ORDER ON MOTION

Motion by West 21st Street Properties, LLC, inter alia, to dismiss an appeal from an order of the Supreme Court, Kings County, dated December 7, 2018, on the ground that the appellant failed to assemble a proper record on the appeal, or, in the alternative, to compel the appellant to file an appropriate record and to extend the time to serve and file a brief.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branch of the motion which is to dismiss the appeal is denied on condition that on or before January 27, 2020, the appellant either (1)(a) remove pages 14-53, 754-765, and 769-774 from the copies of the record filed with the Clerk of this Court and file a replacement digital copy of the record which does not contain this material, (b) serve and file a supplemental record which contains the notice of motion, the affirmation in support, the affirmations in opposition, and the affirmation in reply submitted in connection with the motion that was determined by the order dated December 7, 2018, and (c) serve and file a replacement brief, with appropriate citations to the record and the supplemental record, or (2) serve and file a replacement record, which contains the material listed in subsection (1)(b) above instead of the material listed in subsection (1)(a) above, and a replacement appellant's brief, in both hard copy format and digital format in accordance with the rules (see 22 NYCRR 1250.9[c][1]); and it is further,

ORDERED that the branch of the motion which is to extend the time of West 21st Street Properties, LLC, to serve and file a brief is granted, that respondent's time to serve and file a brief is extended until February 27, 2020, and the brief of West 21st Street Properties, LLC, 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.

LEVENTHAL, J.P., MILLER, MALTESE and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court