| Friedman v Benedetto |
| Motion No: 2019-06989 |
| Slip Opinion No: 2020 NY Slip Op 66319(U) |
| Decided on May 18, 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 DepartmentM270906
kbp/
ALAN D. SCHEINKMAN, P.J.
CHERYL E. CHAMBERS
SHERI S. ROMAN
LINDA CHRISTOPHER, JJ.
|
2019-06989 David M. Friedman, respondent, v Alice M. Benedetto, appellant. (Index No. 3053/17)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Westchester County, dated May 7, 2019, on the ground that the appellant failed to settle the transcripts of certain proceedings in accordance with CPLR 5525. Application by the respondent 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, 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 denied on condition that on or before July 17, 2020, the appellant settle the transcript in accordance with CPLR 5525 and serve a supplemental record containing an errata sheet, a properly settled transcript, or an affirmation in accordance with the provisions of CPLR 5525(c)(2) in the event that there are no proposed amendments or objections to the transcript and upload digital copies of the supplemental 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 supplemental 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 time for the respondent to serve and file a brief is extended, and on or before September 15, 2020, the respondent shall serve the respondent's brief and upload digital copies of the respondent's 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 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