| Brown v Home Sales, Inc. |
| Motion No: 2017-04935 |
| Slip Opinion No: 2020 NY Slip Op 71551(U) |
| Decided on September 14, 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
M272906
E/sl
ALAN D. SCHEINKMAN, P.J.
CHERYL E. CHAMBERS
HECTOR D. LASALLE
VALERIE BRATHWAITE NELSON, JJ.
|
2017-04935, 2017-04938 Veta Brown, plaintiff-respondent, v Home Sales, Inc., defendant-respondent, Eric Tenn Thomas, Jr., appellant, et al., defendants. (Index No. 504151/2015)
| DECISION & ORDER ON MOTION |
Appeals from two orders of the Supreme Court, Kings County, both dated April 18, 2017. Motion by the appellant to extend the time to comply with so much of decisions and orders on motion of this Court dated August 7, 2018, and December 23, 2019, as directed him to delete the material stricken by the decision and order on motion dated August 7, 2018, from the appellant's brief filed in the office of the Clerk of the Court, or serve and file a replacement brief that does not contain the stricken material.
Upon the papers filed in support of the motion and the papers filed in opposition and in relation thereto, it is
ORDERED that the motion is granted and on or before October 13, 2020, the appellant shall serve a brief that does not refer to the material stricken by the decision and order on motion dated August 7, 2018, and upload a digital copy of the replacement appellant's brief, with proof of service thereof, through the digital portal on this Court's website, and file the original and five hard copies of the 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 no further extension of the time to serve and file the replacement appellant's brief shall be granted; and it is further,
ORDERED that on the Court's own motion, the plaintiff-respondent's time to serve and file a brief is extended and, if so advised, on or before November 12, 2020, the plaintiff-respondent shall serve the plaintiff-respondent's brief and upload a digital copy of the plaintiff-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 plaintiff-respondent's brief in accordance with any applicable administrative order or other order to be issued by the Court.
SCHEINKMAN, P.J., CHAMBERS, LASALLE and BRATHWAITE NELSON, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court