| Testa v Lorefice |
| Motion No: 2019-12683 |
| Slip Opinion No: 2020 NY Slip Op 73388(U) |
| Decided on October 21, 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
M273619
E/sl
CHERYL E. CHAMBERS, J.P.
JOSEPH J. MALTESE
HECTOR D. LASALLE
ANGELA G. IANNACCI, JJ.
|
2019-12683 Joseph Testa, et al., respondents, v Elaina M. Lorefice, et al., appellants. (Index No. 620412/2016)
| DECISION & ORDER ON MOTION |
Appeals from an order of the Supreme Court, Suffolk County, dated October 10, 2019. Motion by the respondents to dismiss the appeals on the ground that the appellants failed to serve the joint record and the appellants' briefs upon the respondents or, in the alternative, to direct the appellants to serve the joint record and the appellants' briefs upon the respondents and to extend the time to serve and file a respondents' brief.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to dismiss the appeal is denied; and it is further,
ORDERED that the branch of the motion which is to direct the appellants to serve the joint record and the appellants' briefs upon respondents is granted, and on or before November 12, 2020, the appellants shall serve the joint record and the appellants' briefs upon respondents, via NYSCEF; and it is further,
ORDERED that the branch of the motion which is to extend the respondents' time to serve and file a brief is granted, the respondents' time to serve and file a brief, via NYSCEF, is extended until December 14, 2020, and the respondents' brief shall be served and filed on or before that date.
CHAMBERS, J.P., MALTESE, LASALLE and IANNACCI, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court