Appellate Division: Second Judicial Department

M270686

E/sl

JOHN M. LEVENTHAL, J.P.

ROBERT J. MILLER

JOSEPH J. MALTESE

BETSY BARROS, JJ.

2019-02006 Blinds To Go, Inc., respondent-appellant, v Times Plaza Development, L.P., appellant- respondent. (Index No. 41932/03)

DECISION & ORDER ON MOTION

Motion by the appellant-respondent to strike the supplemental joint record filed by the respondent-appellant on an appeal and a cross appeal from a judgment of the Supreme Court, Kings County, dated January 29, 2019, on the grounds, inter alia, that the transcript contained therein is not settled and the post trial memorandum of law contained therein is excerpted. Application by the appellant-respondent pursuant to 22 NYCRR 670.8(d)(2) to extend the time to serve and file a reply brief.

Upon the papers filed in support of the motion and the papers filed in opposition 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, the supplemental joint record is stricken, and on or before June 30, 2020, the respondent-appellant shall serve a replacement supplemental joint record containing the appellant-respondent's entire post trial memorandum of law and the settled transcript of the proceedings which occurred on June 27, 2018, and upload a digital copy of the replacement supplemental joint record, with proof of service thereof, through the digital portal on this Court's website, and file an original and five hard copies of the replacement supplemental joint record in accordance with any applicable administrative order or other order to be issued by the Court; and it is further,

ORDERED that the application is granted, the appellant-respondent's time to serve and file a reply brief is extended, and on or before July 30, 2020, the appellant-respondent shall serve the reply brief and upload a digital copy of the reply brief, with proof of service thereof, through the digital portal on this Court's website, and file an original and five hard copies of the reply brief in accordance with any applicable administrative order or other order to be issued by the Court; and it is further,

ORDERED that on the Court's own motion, the decision and order on motion of this Court dated October 25, 2019, is amended by deleting from the first decretal paragraph thereof the word "its" and substituting therefor the words "the appellant-respondent's".

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

ENTER:

Aprilanne Agostino

Clerk of the Court