Appellate Division: Second Judicial Department

M280424

E/sl

REINALDO E. RIVERA, J.P.

JOSEPH J. MALTESE

ANGELA G. IANNACCI

WILLIAM G. FORD, JJ.

2021-02550 Rosa Alvarez Diaz, plaintiff-respondent, v City of New York, defendant-respondent, New York City Transit Authority, appellant-responde James Holding Group, LLC, respondent-appellant. (Index No. 513414/2018)

DECISION & ORDER ON MOTION nt,

Appeal and cross appeal from an order of the Supreme Court, Kings County, dated February 9, 2021. Motion by the appellant-respondent to quash a certain subpoena, to direct the respondent-appellant to pay one half of the cost of the joint appendix to be prepared by its designated appellate vendor, and to extend the time to perfect the appeal. Cross motion by the respondent-appellant to direct the appellant-respondent to pay one half of the cost of the joint appendix to be prepared by its designated appellate vendor, to extend the time to perfect the cross appeal, to set a briefing schedule, and for an award of costs.

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 cross motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branch of the motion which is to direct the respondent-appellant to pay one half of the cost of the joint appendix to be prepared by its designated appellate vendor and the branch of the cross motion which is to direct the appellant-respondent to pay one half of the cost of the joint appendix to be prepared by its designated appellate vendor are granted to the extent that the appellant-respondent and the respondent-appellant are each directed to pay one half of the cost of the joint appendix and these branches of the motion and the cross motion are otherwise denied (see 22 NYCRR 1250.9[f][1][ii]); and it is further,

ORDERED that the branch of the motion which is to extend the time to perfect the appeal and the branch of the cross motion which is to extend the time to perfect the cross appeal are granted, on or before January 7, 2022, the appellant-respondent shall serve and file the joint appendix and the appellant-respondent's brief via NYSCEF, and the respondent-appellant shall serve and file an answering brief via NYSCEF in accordance with the rules of the Appellate Division (see 22 NYCRR 1250.9[f][1][iv]); and it is further,

ORDERED that the motion and the cross motion are otherwise denied.

RIVERA, J.P., MALTESE, IANNACCI and FORD, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court