Appellate Division: Second Judicial Department

M278568

E/sl

COLLEEN D. DUFFY, J.P.

ANGELA G. IANNACCI

LINDA CHRISTOPHER

WILLIAM G. FORD, JJ.

2020-07250 Gabriel Isioye, et al., appellants, v Ilene Mann Witter, respondent. (Index No. 1691/2019)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Dutchess County, dated September 2, 2020. Motion by the respondent, inter alia, to dismiss the appeal on the ground that the record is inadequate and contains matter dehors the record. Application by the respondent pursuant to 22 NYCRR 1250.9(g)(1) to extend the time to serve and file a brief.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branch of the motion which is to dismiss the appeal on the ground that the record is inadequate and contains matter dehors the record is denied on condition that on or before September 9, 2021, the appellants serve a replacement record which includes the affirmation in opposition of Chelsea A. Four-Rosenbaum, dated January 14, 2020, Exhibits D, E, and F to the affidavit in opposition of Ilene Mann Witter dated January 14, 2020, and the exhibits to the reply affirmation of Roberta Chambers dated February 6, 2020, and omits the letter dated October 9, 2020, on page 58.1 of the record, and serve a replacement brief which refers to the replacement record; and it is further,

ORDERED that the motion is otherwise denied; and it is further,

ORDERED that the application is denied as premature.

DUFFY, J.P., IANNACCI, CHRISTOPHER and FORD, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court