| Riddell v City of New York |
| Motion No: 2018-13020 |
| Slip Opinion No: 2020 NY Slip Op 64364(U) |
| Decided on March 6, 2020 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M270120
E/kbp
LEONARD B. AUSTIN, J.P.
SHERI S. ROMAN
JOSEPH J. MALTESE
HECTOR D. LASALLE, JJ.
|
2018-13020 Norman Grant Riddell, et al., appellants, v City of New York, et al., respondents. (Index No. 13180/12)
| DECISION & ORDER ON MOTION |
Motion by the appellants for leave to serve and file a supplemental record on an appeal from an order of the Supreme Court, Queens County, dated July 26, 2018, in effect, to vacate so much of a prior decision and order on motion of this Court dated December 13, 2019, as struck the record and directed them to serve and file a replacement record, and to extend the time to serve and file a replacement brief, as directed by the decision and order on motion of this Court dated December 13, 2019. Application by the respondents 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, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is granted, so much of the prior decision and order on motion of this Court dated December 13, 2019, as struck the record and directed the appellants to serve and file a replacement record is vacated, and on or before April 6, 2020, the appellants shall serve and file a supplemental record containing all of the exhibits annexed to the affirmation in support of the motion for summary judgment and the reply affirmation in support of the motion for summary judgment, and serve and file a replacement appellants' brief that does not refer to matter dehors the record in Point IX; and it is further,
ORDERED that no extension of time to serve and file the supplemental record or the replacement appellants' brief shall be granted; and it is further,
ORDERED that the application is granted, the respondents' time to serve and file a brief is extended until May 6, 2020, and the respondents' brief shall be served and filed on or before that date.
AUSTIN, J.P., ROMAN, MALTESE and LASALLE, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court