Appellate Division: Second Judicial Department

M272015

E/sl

MARK C. DILLON, J.P.

SYLVIA O. HINDS-RADIX

JOSEPH J. MALTESE

LINDA CHRISTOPHER, JJ.

2019-14017 Farah Amid, respondent, v Robert Del Col, et al., appellants. (Index No. 10357/2015)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Nassau County, dated September 23, 2019. Motion by the respondent to dismiss the appeal as untimely taken or on the ground that the appellants' appendix is inadequate, to strike the appellants' appendix and the appellants' brief for failure to comply with the rules of this Court, or to extend the time to serve and file a brief. Separate motion by the appellants to declare the respondent in default for failing to serve and file a brief.

Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is

ORDERED that on the Court's own motion, the notice of appeal from the order dated September 23, 2019, which was timely served, is deemed timely filed (see CPLR 5520[a]); and it is further,

ORDERED that the branch of the respondent's motion which is to dismiss the appeal on the ground the appellants' appendix is inadequate is denied on condition that on or before September 3, 2020, the appellants shall serve and file a supplemental appellants' appendix containing any papers filed by the respondent in connection with the motion that was determined by the order dated September 23, 2019, that are not contained in the appellants' appendix; and it is further,

ORDERED that the branch of the respondent's motion which is to extend the time to serve and file a brief is granted, the respondent's time to serve and file a brief is extended, and on or before October 5, 2020, the respondent shall serve a 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; and it is further,

ORDERED that the respondent's motion is otherwise denied; and it is further,

ORDERED that the appellants' motion is denied.

DILLON, J.P., HINDS-RADIX, MALTESE and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court