Matter of Godfrey v Bay Shore Brightwaters Public Library
Motion No: 2021-00456
Slip Opinion No: 2021 NY Slip Op 70858(U)
Decided on August 27, 2021
Appellate Division, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M278266

E/sl

CHERYL E. CHAMBERS, J.P.

ROBERT J. MILLER

FRANCESCA E. CONNOLLY

VALERIE BRATHWAITE NELSON, JJ.

2021-00456

In the Matter of Sherrie Godfrey, appellant,

v Bay Shore Brightwaters Public Library, respondent

respondent; NYS Division of Human Rights,

nonparty-respondent.

(Index No. 4748/2019)

DECISION & ORDER ON MOTION

Appeal from an order and judgment (one paper) of the Supreme Court, Suffolk County, dated February 20, 2020, which was deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by the respondent-respondent to dismiss the appeal on the grounds that the appeal is "frivolous and futile" or that a record purportedly filed is inadequate, or, in the alternative, for leave to serve and file a supplemental record and to extend the time to serve and file a brief. Separate motion by the appellant pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the appeal, and to extend the time to perfect the appeal.

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

ORDERED that the appellant's motion is granted, the dismissal of the appeal pursuant to 22 NYCRR 1250.10(a) is vacated, and on or before September 27, 2021, the appellant shall serve and file the record or appendix and the appellant's brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the record or appendix and the appellant's brief and upload digital copies of the record or appendix and the appellant's brief, with proof of service thereof, through the digital portal on this Court's website; and it is further,

ORDERED that the branch of the respondent-respondent's motion which is to dismiss the appeal on the grounds that the appeal is "frivolous and futile" is denied; and it is further,

ORDERED that the respondent-respondent's motion is otherwise denied as premature, as the appeal has not been perfected.

CHAMBERS, J.P., MILLER, CONNOLLY and BRATHWAITE NELSON, JJ., concur.

ENTER:

Maria T. Fasulo

Acting Clerk of the Court