Appellate Division: Second Judicial Department

M277761

E/sl

CHERYL E. CHAMBERS, J.P.

VALERIE BRATHWAITE NELSON

LINDA CHRISTOPHER

WILLIAM G. FORD, JJ.

2020-09757 In the Matter of Alicia Boyd, et al., respondents, v Laurie Cumbo, etc., et al., appellants. (Index No. 1518/2019)

DECISION & ORDER ON MOTION

Appeals from a judgment of the Supreme Court, Kings County, dated December 8, 2020. Motion by the respondents to direct the appellants to serve and file a supplemental joint record containing certain material, for leave to file an oversized brief, and to extend the time to serve and file a brief. Separate motion by the respondents to direct the appellants to serve and file a supplemental record containing certain material and to extend the time to serve and file a brief. Separate motion by the respondents to extend the time to serve and file a brief.

Upon the papers filed in support of the motions, inter alia, to direct the appellants to serve and file a supplemental joint record and the papers filed in opposition thereto, and upon the papers filed in support of the motion to extend the time to serve and file a brief and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branches of the motions which are to direct the appellants to serve and file a supplemental joint record containing certain material are granted to the extent that on or before July 21, 2021, the appellants are directed to serve and file a supplemental joint record containing the affirmation in opposition by the respondent Alicia Boyd to a motion to dismiss by the appellant Cornell Realty Management LLC, with annexed Exhibits R, S, T, U, V, W and Y, Exhibit P to the petition, Exhibit III annexed to the affirmation in opposition by the respondent Alicia Boyd to a motion for leave to intervene, and the transcripts of the proceedings which occurred on August 2, 2019, and September 9, 2019, and those branches of the motions are otherwise denied; the appellants shall serve and file the supplemental joint record via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the supplemental joint record and upload a digital copy of the supplemental joint record, with proof of service thereof, through the digital portal on this Court's website; and it is further,

ORDERED that the branch of the motion which is for leave to file an oversized brief is denied without prejudice to making an application for leave to file an oversized brief pursuant to 22 NYCRR 1250.9(h); and it is further,

ORDERED that the branches of the motions which are to extend the time to serve and file a respondents' brief and the motion for that relief are granted, and on or before August 23, 2021, the respondents shall serve and file the respondents' brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the brief and upload a digital copy of the brief, with proof of service thereof, through the digital portal on this Court's website.

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

ENTER:

Aprilanne Agostino

Clerk of the Court