Appellate Division: Second Judicial Department

M275114

MB/

REINALDO E. RIVERA, J.P.

COLLEEN D. DUFFY

ANGELA G. IANNACCI

PAUL WOOTEN, JJ.

2019-10748 John V. Muzio, Jr., etc., appellant, et al., plaintiff, v Maria Alfraro-Hardy, etc., et al., respondents. (Index No. 10528/2005)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Nassau County, dated July 11, 2019. Motion by the respondents Maria Alfaro-Hardy, Joanne Banco, and Village of Bayville, New York, to dismiss the appeal on the ground that the appendix is inadequate and contains matter dehors the record, or, in effect, to direct the appellant to serve and file a supplemental appendix 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 on the condition that on or before March 8, 2021, the appellant serve a replacement appendix that contains the papers considered by the Supreme Court, Nassau County, in issuing the order dated July 11, 2019, and does not contain matter dehors the record, and a replacement brief that refers to the replacement appendix, and upload digital copes of the replacement appendix and the replacement brief, with proof of service thereof, through the digital portal on this Court's website, and the appellant shall file an original and five hard copies of the replacement appendix and the replacement brief 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 which is to extend the time to serve and file a brief is granted, the movants' time to serve and file a brief is extended, and on or before April 7, 2021, the movants shall serve the movants' brief and upload a digital copy of the movants' brief, with proof of service thereof, through the digital portal on this Court's website, and file an original and five hard copies of the movants' brief in accordance with any applicable administrative order or other order to be issued by the Court; and it is further,

ORDERED that on the Court's own motion, the time of the respondent Florence Risman to serve and file a brief is extended, and on or before April 7, 2021, the respondent Florence Risman shall serve her brief and upload a digital copy of her brief, with proof of service thereof, through the digital portal on this Court's website, and file an original and five hard copies of her brief in accordance with any applicable administrative order or other order to be issued by the Court; and it is further,

ORDERED that the motion is otherwise denied.

RIVERA, J.P., DUFFY, IANNACCI and WOOTEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court