Albert v Afanador
Motion No: 2020-02630
Slip Opinion No: 2021 NY Slip Op 60188(U)
Decided on January 8, 2021
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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M274891

MB/

CHERYL E. CHAMBERS, J.P.

VALERIE BRATHWAITE NELSON

LINDA CHRISTOPHER

PAUL WOOTEN, JJ.

2020-02630

Ivan Albert, et al., respondents,

v Wilson Afanador, appellant, et al., defendant.

(Index No. 70267/2014)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Suffolk County, dated January 16, 2020. Motion by the respondents, inter alia, to dismiss the appeal for failure to timely perfect. Separate motion by the appellant to extend the time to perfect the appeal.

Upon the papers filed in support of the respondents' motion and the papers filed in opposition thereto, and upon the papers filed in support of the appellant's motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the respondents' motion is denied; and it is further,

ORDERED that the appellant's motion is granted, the appellant's time to serve and file the record or appendix on the appeal and the appellant's brief via NYSCEF is extended until February 8, 2021, and the appellant shall file an original and five hard copies of the record or appendix and the 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 time shall be granted.

CHAMBERS, J.P., BRATHWAITE NELSON, CHRISTOPHER and WOOTEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court