Appellate Division: Second Judicial Department

M273526

E/sl

WILLIAM F. MASTRO, J.P.

COLLEEN D. DUFFY

HECTOR D. LASALLE

VALERIE BRATHWAITE NELSON, JJ.

2019-02005 Rekha S. Karia, et al., appellants, v Bruno Glen, et al., respondents. (Index No. 1468/2018)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Dutchess County, dated December 31, 2018. Motion by the respondent Herb Redl Properties, inter alia, to dismiss the appeal on the ground that the record is inadequate or, in the alternative, to extend the time to serve and file a brief. Separate motion by the respondent Spiegel Brown & Fichera, inter alia, in effect, to dismiss the appeal insofar as taken against it on the ground that it is not a proper respondent on the appeal and to strike stated portions of the record and the appellants' brief or, in the alternative, for leave to serve and file a supplemental record.

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

ORDERED that the branch of the motion by the respondent Herb Redl Properties which is to dismiss the appeal on the ground that the record is inadequate is denied on condition that the appellant serve a replacement record that contains the papers submitted in connection with the motion that was determined by the order dated December 31, 2018, and upload a digital copy of the replacement record, with proof of service thereof, through the digital portal on this Court's website on or before November 16, 2020, and file an original and five hard copies of the replacement record in accordance with any applicable administrative order or other order to be issued by the Court; and it is further,

ORDERED that the branch of the motion by the respondent Spiegel Brown & Fichera which is to dismiss the appeal insofar as taken against it on the ground that it is not a proper respondent on the appeal and to strike stated portions of the record and the appellants' brief is granted, the replacement record as prescribed above shall not contain exhibits that were not submitted in connection with the motion that was determined by the order dated December 31, 2018, the appellants' brief and the respondents' briefs are stricken, the appellants shall serve a replacement brief that only contains points of argument in connection with the order dated December 31, 2018, and upload a digital copy of the replacement appellants' brief, with proof of service thereof, through the digital portal on this Court's website, on or before November 16, 2020, and file an original and five hard copies of the replacement brief in accordance with any applicable administrative order or other order to be issued by the Court, the respondent Herb Redl Properties and the respondent Victor G. Grossman shall serve respective replacement briefs, if any, and upload a digital copy of the replacement briefs, with proof of service thereof, through the digital portal on this Court's website, on or before December 16, 2020, and file an original and five hard copies of the replacement briefs in accordance with any applicable administrative order or other order to be issued by the Court; and it is further,

ORDERED that the motions are otherwise denied.

MASTRO, J.P., DUFFY, LASALLE and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court