Appellate Division: Second Judicial Department

M274132

MB/

REINALDO E. RIVERA, J.P.

SYLVIA O. HINDS-RADIX

COLLEEN D. DUFFY

VALERIE BRATHWAITE NELSON, JJ.

2019-04957 John Latora, respondent, v Victor Ferreira, appellant. (Index No. 512079/2015)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Kings County, dated January 31, 2019. By order to show cause dated September 25, 2020, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal in the above-entitled action for failure to comply with the decision and order on motion of this Court dated June 8, 2020, in which the appellant was directed to upload a digital copy of a replacement record that includes all of the papers filed in connection with the motion that was determined by the order dated January 31, 2019, including the opposition to the motion, and a digital copy of a replacement appellant's brief that does not refer to matter dehors the record, by uploading a digital copy of an affirmation or affidavit on that issue, with proof of service thereof, through the digital portal on this Court's website on or before October 26, 2020.

Now, upon the order to show cause and the papers filed in response thereto, it is

ORDERED that the motion to dismiss the appeal is denied; and it is further,

ORDERED that on the Court's own motion, the appellant's time to comply with the decision and order on motion of this Court dated June 8, 2020, is extended, and on or before December 18, 2020, the appellant shall serve and upload a digital copy of a replacement record, with proof of service thereof, through the digital portal on this Court's website, that includes all of the papers filed in connection with the motion that was determined by the order dated January 31, 2019, including the opposition to the motion, and serve and upload a digital copy of a replacement appellant's brief, with proof of service thereof, through the digital portal on this Court's website, that does not refer to matter dehors the record, and file an original and five hard copies of the replacement record and the replacement appellant's brief in accordance with any applicable administrative order or other order to be issued by the Court.

RIVERA, J.P., HINDS-RADIX, DUFFY and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court