Appellate Division: Second Judicial Department

M280423

E/sl

REINALDO E. RIVERA, J.P.

JOSEPH J. MALTESE

ANGELA G. IANNACCI

WILLIAM G. FORD, JJ.

2020-08145 Rhonda Wilber, appellant, v Elliot J. Borgen, etc., et al., respondents, et al., defendants. (Index No. 1596/2019)

DECISION & ORDER ON MOTION

Appeal from a judgment of the Supreme Court, Kings County, entered October 23, 2020. Renewed motion by the respondents to dismiss the appeal on the ground that the record on appeal is inadequate or, in the alternative, to direct the appellant to serve and file a replacement record and to extend their time to serve and file a brief.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion which is to direct the appellant to serve and file a replacement record is granted and on or before February 7, 2022, the appellant shall serve and file a replacement record that contains all of the papers filed in connection with the motions that are the subject of the appeal; and it is further,

ORDERED that the branch of the motion which is to extend the respondents' time to serve and file a brief is granted, and on or before March 9, 2022, the respondent shall serve and file the respondent's 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; and it is further,

ORDERED that the motion is otherwise denied.

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

ENTER:

Maria T. Fasulo

Clerk of the Court