Supreme Court of the State of New York, Appellate Division : Second Judicial Department

May 20, 2026

2023-00618, 604462/2018

Francesca E. Connolly, J.P.

Paul Wooten

Janice A. Taylor

Lisa S. Ottley, JJ.

[*1]

DECISION & ORDER ON MOTION

Appeal from a judgment of the Supreme Court, Suffolk County, dated November 16, 2022. By decision and order on motion of this Court dated July 30, 2025, the appellant was directed to serve and file a supplemental record containing the judgment. The appellant has failed to file the supplemental record. By order to show cause dated October 1, 2025, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal in the above-entitled action for failure to comply with the decision and order on motion of this Court dated July 30, 2025. Motion by the respondent to dismiss the appeal on the ground that the appellant failed to comply with a decision and order on motion of this Court dated July 30, 2025, or, in the alternative, to extend the time to serve and file a brief. Application by the appellant, in effect, to extend the time to comply with the decision and order on motion of this Court dated July 30, 2025.

Now, upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the motion by the respondent and the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion by this Court and the branch of the motion by the respondent which are to dismiss the appeal are denied; and it is further,

ORDERED that the application is granted, the appellant's time to comply with the decision and order on motion of this Court dated July 30, 2025, is extended and on or before June 4, 2026, the appellant shall serve and file a supplemental record containing the judgment, via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the supplemental record and upload a digital copy of the supplemental record, with proof of service thereof, through the digital portal on this Court's website; and it is further,

ORDERED that the branch of the motion by the respondent which is to extend the time to serve and file a brief is granted, and on or before July 6, 2026, 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.

CONNOLLY, J.P., WOOTEN, TAYLOR and OTTLEY, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court