| Michael Baum v Village Green Homeowners Assn. c/o Felice Gritz |
| Motion No: 2019-01727 WC |
| Slip Opinion No: 2021 NY Slip Op 62167(U) |
| Decided on February 11, 2021 |
| Appellate Term, 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. |
of the State of New York for the 9th & 10th Judicial Districts
TERRY JANE RUDERMAN, P.J.
TIMOTHY S. DRISCOLL
HELEN VOUTSINAS, JJ.
DECISION & ORDER ON MOTION
| Michael Baum, Appellant, v Village Green Homeowners Association C/O Felice Gritz, Respondent. |
Motion by respondent to dismiss the appeal, or in the alternative, extend the time to file a respondent's brief on an appeal from a judgment of the Justice Court of the Village of Port Chester, Westchester County, entered August 22, 2019, and to expand the record on appeal to include documentary evidence that was not offered or admitted into evidence at trial.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED that the branch of the motion seeking to dismiss the appeal is denied; and it is further,
ORDERED that the branch of the motion seeking to expand the record on appeal to include documentary evidence that was not offered or admitted into evidence at trial is denied; and it is further,
ORDERED that the branch of the motion seeking to extend the time to serve and file a respondent's brief is granted, and respondent's brief shall be served and filed on or before February 25, 2021; and it is further,
ORDERED that appellant, if he be so advised, may serve and file a reply brief within 7 days of service upon him of respondent's brief.
It should be noted that inasmuch as the notice of appeal was filed prior to January 1, 2020, the revised rules of the Appellate Term concerning the filing of briefs did not apply to this appeal. Appellant had 90 days (22 NYCRR § 731,8[a]) from the record on appeal having been filed with this court to serve and file his brief (22 NYCRR § 731.4 [a][1]). As the record on appeal was filed with the Appellate Term on August 7, 2020, appellant had until November 5, 2020 to file his brief.
ENTER:
Paul Kenny
Chief Clerk