| Denton v Javino |
| Motion No: 2019-07628 |
| Slip Opinion No: 2020 NY Slip Op 68410(U) |
| Decided on July 10, 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
M271789
E/sl
ALAN D. SCHEINKMAN, P.J.
CHERYL E. CHAMBERS
SHERI S. ROMAN
LINDA CHRISTOPHER, JJ.
|
2019-07628 Ranee Denton, etc., respondent, v Dale R. Javino, appellant, et al., defendants. (Index No. 464/2015)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Suffolk County, dated May 22, 2019. Motion by the respondent, inter alia, to dismiss the appeal on the ground that the appellant's appendix is inadequate. Application by the respondent pursuant to 22 NYCRR 1250.9(g)(1) to extend the time to serve and file a brief.
Upon the papers filed in support of the motion and the application, and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the branch of the motion which is to dismiss the appeal is denied on condition that on or before August 10, 2020, the appellant serves a supplemental appellant's appendix that contains any papers filed in connection with the motions that were determined by the order dated May 22, 2019, that are not contained in the appellant's appendix filed on December 20, 2019, and uploads a digital copy of the supplemental appellant's appendix, with proof of service thereof, through the digital portal on this Court's website, and files an original and five hard copies of the supplemental appellant's appendix in accordance with any applicable administrative order or other order to be issued by the Court; and it is further,
ORDERED that the motion is otherwise denied; and it is further,
ORDERED that the application is granted, the respondent's time to serve and file a brief is extended, and on or before September 9, 2020, the respondent shall serve the respondent's brief and upload a digital copy 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