Appellate Division: Second Judicial Department

M276852

E/sl

CHERYL E. CHAMBERS, J.P.

LEONARD B. AUSTIN

HECTOR D. LASALLE

PAUL WOOTEN, JJ.

2020-05482 Russell Friedman, respondent, v Max Folkenflik, et al., appellants, et al., defendants. (Index No. 9802/2014)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Nassau County, entered May 18, 2020. Motion by the appellants, in effect, to perfect the appeal upon a record consisting of a volume marked confidential, containing documents subject to the confidentiality and protective order of the Supreme Court, Nassau County, dated February 7, 2017, including all financial documents such as bank records and tax returns, as well as certain deposition transcripts, which shall not be viewed by the public, but may be viewed by the parties to the appeal, counsel appearing on their behalf, or representatives of counsel, authorized in writing to view the confidential material, and a separate volume or volumes of the record containing the remaining material filed in connection with the appeal which shall not be marked confidential. Separate motion by the appellants to extend the time to perfect the appeal.

Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is

ORDERED that motion, in effect, to perfect the appeal upon a record consisting of a volume marked confidential, is granted to the extent that the appellants shall file a separate volume or volumes of the record containing documents subject to the confidentiality and protective order of the Supreme Court, Nassau County, dated February 7, 2017, including all financial documents such as bank records and tax returns, which shall not be viewed by the public, but may be viewed by the parties to the appeal, counsel appearing on their behalf, or representatives of counsel, authorized in writing to view the confidential material, and a separate volume or volumes of the record containing the remaining material filed in connection with the appeal which shall not be marked confidential, and the motion is otherwise denied; and it is further,

ORDERED that the motion to extend the time to perfect the appeal is granted, the appellants' time to serve and file the record and the appellants' brief via NYSCEF is extended until May 28, 2021, and the appellants shall file an original and five hard copies of the record and the appellants' brief in accordance with any applicable administrative order or other order to be issued by the Court.

CHAMBERS, J.P., AUSTIN, LASALLE and WOOTEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court