Appellate Division: Second Judicial Department

M270155

kbp/

RUTH C. BALKIN, J.P.

JOHN M. LEVENTHAL

ROBERT J. MILLER

FRANCESCA E. CONNOLLY, JJ.

2019-04436 Rozlyn Krajcik, etc., appellant, v Andrew Jacono, etc., et al., respondents. (Index No. 7691/11)

DECISION & ORDER ON MOTION

Motion by the respondents to dismiss an appeal from an order of the Supreme Court, Nassau County, dated February 13, 2019, on the ground that the appellant's appendix is inadequate and for failure to certify the appellant's appendix, and 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 for failure to certify the appellant's appendix is denied; and it is further,

ORDERED that the branch of the motion which is to dismiss the appeal on the ground that the appellant's appendix is inadequate is denied without prejudice to serving and filing a respondents' appendix on or before April 8, 2020; 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 April 8, 2020, and the respondents' brief shall be served and filed on or before that date.

BALKIN, J.P., LEVENTHAL, MILLER and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court