Appellate Division: Second Judicial Department

M281487

MB/

BETSY BARROS, J.P.

CHERYL E. CHAMBERS

JOSEPH A. ZAYAS

LARA J. GENOVESI, JJ.

2019-11740 F & R Goldfish Corp., et al., appellants, v Vladimir Furleiter, et al., defendants-respondents, Royal Development, Inc., defendant-third-party plaintiff-respondent; MYM Smoked Fish, Inc., et al., third-party defendants-respondents. (Index No. 521162/2018)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Kings County, dated August 16, 2019. Motion by Vladimir Furleiter, Alexander Kaganovsky, and Royal Development, Inc., to strike the appellants' appendix on the ground that the appendix is inadequate.

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

ORDERED that the motion is denied without prejudice to Vladimir Furleiter, Alexander Kaganovsky, and Royal Development, Inc., serving and filing a respondents' appendix (see CPLR 5528[b]); and it is further,

ORDERED that on the Court's own motion, the time for Vladimir Furleiter, Alexander Kaganovsky, and Royal Development, Inc., to serve and file a brief is extended, and on or before March 1, 2022, Vladimir Furleiter, Alexander Kaganovsky, and Royal Development, Inc., shall serve and file their 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 no further extension of time shall be granted.

BARROS, J.P., CHAMBERS, ZAYAS and GENOVESI, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court