Appellate Division: Second Judicial Department

M270883

E/sl

ALAN D. SCHEINKMAN, P.J.

CHERYL E. CHAMBERS

SHERI S. ROMAN

LINDA CHRISTOPHER, JJ.

2019-01564 EDJ Realty, Inc., appellant, v Mark A. Siegel, etc., respondent. (Index No. 67058/16)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Westchester County, dated January 16, 2019, on the ground that the record on appeal is inadequate and contains matter dehors the record. Cross motion by the appellant, inter alia, for leave to serve and file a replacement record on appeal and replacement appellant's brief. Separate motion by the respondent to extend the time to serve and file a brief.

Upon the papers filed in support of the motion to dismiss the appeal and the papers filed in opposition thereto, upon the papers filed in support of the cross motion and the papers filed in opposition thereto, and upon the papers filed in support of the motion to extend the time to serve and file a brief and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branch of the cross motion which is for leave to serve and file a replacement record on appeal and replacement appellant's brief is granted, the record on appeal and the appellant's brief are stricken, and on or before June 15, 2020, the appellant shall serve and file via NYSCEF a replacement record on appeal containing the papers filed in connection with the motion and cross motion which were determined by the order dated January 16, 2019, and a replacement appellant's brief with appropriate citations to the record, except that the appellant may file the original and five hard copies of the replacement record on appeal and replacement appellant's brief in accordance with any applicable administrative order or other order to be issued by the Court; and it is further,

ORDERED that the cross motion is otherwise denied; and it is further,

ORDERED that the motion to dismiss the appeal is denied; and it is further,

ORDERED that the motion to extend the time to serve and file a brief is granted, and the respondent's time to serve and file a brief via NYSCEF is extended until August 14, 2020, except that the appellant may file the original and five hard copies of the respondent's brief in accordance with any applicable administrative order or other order to be issued by the Court.

SCHEINKMAN, P.J., CHAMBERS, ROMAN and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court