Appellate Division: Second Judicial Department

M281651

MB/

BETSY BARROS, J.P.

CHERYL E. CHAMBERS

JOSEPH J. MALTESE

PAUL WOOTEN, JJ.

2021-00946 Hussein Elhousseini, plaintiff-respondent, v City of New York, et al., defendants-respondents, Dyker Beach Golf Course, etc., appellant. (Index No. 519374/2017)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Kings County, dated February 14, 2020. Motion by the plaintiff-respondent to extend the time to serve and file a brief.

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 granted, and on or before March 28, 2022, the plaintiff-respondent shall serve and file the plaintiff-respondents' 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; and it is further,

ORDERED that, on the Court's own motion, in the event that the plaintiff-respondent serves and files a brief, the appellant may serve and file a replacement reply brief containing both the appellant's contentions in reply to the brief filed by the defendants-respondents as well as the appellants' contentions in reply to the brief filed by the plaintiff-respondent on or before April 12, 2022, via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the reply replacement brief and upload a digital copy of the replacement reply brief, with proof of service thereof, through the digital portal on this Court's website, and, upon the filing of the replacement appellant's reply brief, the appellant's previously filed reply brief will be stricken.

BARROS, J.P., CHAMBERS, MALTESE and WOOTEN, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court