Appellate Division: Second Judicial Department

M272945

E/sl

WILLIAM F. MASTRO, J.P.

LEONARD B. AUSTIN

FRANCESCA E. CONNOLLY

PAUL WOOTEN, JJ.

2019-05592 Katrina Williams, plaintiff-respondent, v Madvapes Holdings, LLC, etc., respondent- appellant, Vape Easy, defendant-respondent, LG Chem, Ltd., appellant-respondent. (Index No. 705934/2016)

DECISION & ORDER ON MOTION

Appeal and cross appeal from an order of the Supreme Court, Queens County, entered April 24, 2019. Motion by the appellant-respondent, inter alia, in effect, to mark the joint appendix as confidential, except for the notice of appeal, the notice of cross appeal, and the documents annexed to the notice of appeal and notice of cross appeal, and to extend the time to perfect the appeal.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branch of the motion which is, in effect, to mark the joint appendix as confidential, except for the notice of appeal, the notice of cross appeal, and the documents annexed to the notice of appeal and notice of cross appeal is granted, the appellant-respondent shall file a separate volume or volumes of the joint appendix containing the papers filed in connection with the motions that were determined by the order entered April 24, 2019, and that volume or those volumes of the joint appendix may not be viewed by the public, but may be viewed by the parties to the appeal and cross appeal, counsel appearing on their behalf, or representatives of counsel, authorized in writing to view the confidential material; the volume or volumes of the joint appendix containing the confidential material shall be labeled confidential and shall be redacted on the NYSCEF system pursuant to 22 NYCRR 202.5(e); the volume or volumes of the joint appendix containing the notice of appeal, the cross notice of appeal, and the documents annexed to the notice of appeal and notice of cross appeal shall not be marked confidential; and it is further,

ORDERED that the branch of the motion which is to extend the time to perfect the appeal is granted, the appellant-respondent's time to serve and file the joint appendix on the appeal and the appellant-respondent's brief via NYSCEF is extended until October 14, 2020, and the appellant-respondent shall file an original and five hard copies of the joint-appendix and the appellant-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-appellant shall serve and file the answering brief, including the points of argument on the cross appeal, in accordance with the rules of this Court (see 22 NYCRR 1250.9[f][1][iv]) and any applicable administrative order or other order to be issued by the Court; and it is further,

ORDERED that the motion is otherwise denied.

MASTRO, J.P., AUSTIN, CONNOLLY and WOOTEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court