Appellate Division: Second Judicial Department

M272529

MB/

MARK C. DILLON, J.P.

ROBERT J. MILLER

COLLEEN D. DUFFY

BETSY BARROS, JJ.

2019-13694 Korsinsky & Klein, LLP, appellant, v FHS Consultants, LLC, respondent. (Index No. 513969/2016)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Kings County, dated October 2, 2019. Motion by the appellant, in effect, to enlarge the record to include certain documents. By decision and order on motion of this Court dated July 31, 2020, the matter was referred to the Supreme Court, Kings County, to report on whether it considered certain material in connection with the motion that was determined by the order dated October 2, 2019, and the motion, in effect, to enlarge the record was held in abeyance in the interim. The Supreme Court, Kings County, has filed its report dated August 12, 2020.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the report of the Supreme Court, Kings County, dated August 12, 2020, it

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

ORDERED that on the Court's own motion, the appellant's time to perfect the appeal is extended, and on or before October 23, 2020, the appellant shall serve the record or appendix and the appellant's brief and upload digital copies of the record or appendix and the appellant'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 record or appendix and the appellant's brief in accordance with any applicable administrative order or other order to be issued by the Court.

DILLON, J.P., MILLER, DUFFY and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court