Appellate Division: Second Judicial Department

M276122

E/sl

MARK C. DILLON, J.P.

LEONARD B. AUSTIN

BETSY BARROS

PAUL WOOTEN, JJ.

2020-04729 Elizabeth Mason, respondent, v Hayfield Barns, LLC, appellant. (Index No. 506733/2018)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Kings County, dated April 23, 2020. Motion by the respondent to strike the appellant's brief for failure to comply with 22 NYCRR 1250.8(f)(1)(i), to strike the record as inadequate or to direct the appellant to serve and file a supplemental record, and to extend the time to serve and file a 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 strike the appellant's brief is granted, the appellant's brief is stricken, and on or before April 16, 2021, the appellant shall serve a replacement appellant's brief which complies with 22 NYCRR 1250.8(f)(1)(i), and upload a digital copy of the replacement appellant's 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 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 the branch of the motion which is to direct the appellant to serve and file a supplemental record is granted, on or before April 16, 2021, the appellant shall serve a supplemental record which contains the affirmation of Max Smelyansky dated February 1, 2020, and upload a digital copy of the supplemental record, 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 supplemental record 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 respondent's time to serve and file a brief is granted, and on or before May 16, 2021, the respondent shall serve a brief and upload a digital copy of the respondent's brief, with proof of service thereof, through the digital portal on this Court's website, and the respondent shall file an original and five hard copies of the respondent's 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.

DILLON, J.P., AUSTIN, BARROS and WOOTEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court