Appellate Division: Second Judicial Department

M282145

MB/

FRANCESCA E. CONNOLLY, J.P.

SHERI S. ROMAN

LINDA CHRISTOPHER

WILLIAM G. FORD, JJ.

2021-02163 Arturo Huerta, plaintiff-respondent, v 658 West 188th Street, LLC, appellant, Borough Construction Group, LLC, defendant third-party plaintiff-respondent; Building Solutions NYC Corp., third-party defendant-respondent (and another title). (Index No. 505570/2017)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Kings County, dated January 15, 2021. Motion by the defendant third-party plaintiff-respondent Borough Construction Group, LLC, in effect, to direct the appellant to serve and file a supplemental record containing Exhibit X to the papers filed in support of the appellant's motion that was determined by the order dated January 15, 2021, and 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 it is further,

ORDERED that on or before April 27, 2022, the appellant shall serve and file a supplemental record containing Exhibit X to the papers filed in support of its motion that was determined by the order dated January 15, 2021, 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 movant's time to serve and file a brief is extended, and on or before May 27, 2022, the movant shall serve and file a brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve a 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., ROMAN, CHRISTOPHER and FORD, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court