203-205 N 8th Street, LLC v 203-205 North 8th Street Loft, LLC
Motion No: 2020-01295
Slip Opinion No: 2022 NY Slip Op 62990(U)
Decided on March 16, 2022
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M281924

MB/

VALERIE BRATHWAITE NELSON, J.P.

SHERI S. ROMAN

LINDA CHRISTOPHER

WILLIAM G. FORD, JJ.

2020-01295

203-205 N 8th Street, LLC, respondent,

v 203-205 North 8th Street Loft, LLC,

et al., appellants, et al., defendants.

(Action No. 1)

3052 Brighton 1st Street II, LLC, respondent,

v 3052 Brighton First, LLC, appellant, et al.,

defendants.

(Action No. 2)

(Index Nos. 509303/2015, 509304/2015)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Kings County, dated February 6, 2020. Motion by the respondent to strike the record as inadequate and to extend the 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 strike the record is granted to the extent that on or before April 15, 2022, the appellant shall serve and file a supplemental record, via NYSCEF, if applicable, which contains Supreme Court NYSCEF Document Nos. 1, 46 through 47, 248, 264, 304 through 324, 329, 360, 390, 415, 481, and 528 under Supreme Court Index No. 509303/2015 and NYSCEF Document Nos. 1, 5, 51, 53, 144, 155 through 156, 159, 166, through 167, 176, 209 through 227, 264, 284, and 292 through 293 under Supreme Court Index No. 509304/2015, 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 that branch of the motion is otherwise denied; and it is further,

ORDERED that the respondent's time to serve and file a brief is extended, and on or before May 16, 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.

BRATHWAITE NELSON, J.P., ROMAN, CHRISTOPHER and FORD, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court