Appellate Division: Second Judicial Department

M279217

E/sl

HECTOR D. LASALLE, P.J.

REINALDO E. RIVERA

COLLEEN D. DUFFY

WILLIAM G. FORD, JJ.

2021-01538, 2021-04603 Brooker Engineering, PLLC, respondent, v SK Trust, et al., appellants. (Index No. 31091/2019)

DECISION & ORDER ON MOTION

Appeals from an order of the Supreme Court, Rockland County, dated January 29, 2021, and a judgment of the same court dated June 14, 2021. Motion by the respondent, inter alia, to strike the record as inadequate and to extend the time to serve and file a brief. 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 the papers filed in opposition 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 strike the record as inadequate is granted, the record is stricken, and on or before October 20, 2021, the appellants shall serve and file a replacement record, via NYSCEF, which contains all of the papers filed in connection with the motion and cross motion that were determined by the order dated January 29, 2021; 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 and the application for that relief are granted, and on or before November 19, 2021, the respondent shall serve and file the respondent's brief via NYSCEF; and it is further,

ORDERED that the motion is otherwise denied.

LASALLE, P.J., RIVERA, DUFFY and FORD, JJ., concur.

ENTER:

Maria T. Fasulo

Acting Clerk of the Court