Appellate Division: Second Judicial Department

M282357

MB/

BETSY BARROS, J.P.

FRANCESCA E. CONNOLLY

LINDA CHRISTOPHER

LARA J. GENOVESI, JJ.

2021-08975 Thuro Metal Products, Inc., et al., respondents, v Farber Industrial, LLC, appellant. (Index No. 615851/2017)

DECISION & ORDER ON MOTION

Appeal from a judgment of the Supreme Court, Suffolk County, dated November 8, 2021. Motion by the respondents to dismiss the appeal on the ground that the record is inadequate, or, in the alternative, to extend the time to serve and file a brief. Cross motion by the appellant for leave to serve and file a supplemental record containing certain material.

Upon the papers filed in support of the motion and cross motion and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion which is to dismiss the appeal and the cross motion are granted to the extent that the record is stricken and on or before May 11, 2022, the appellant shall serve and file a replacement record which does not contain Plaintiff's Exhibits 1 and 49 at trial, and which contains Plaintiff's Exhibits 50, 51, 52, 53, and 54, and Defendant's Exhibits LL and MM at trial, via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the replacement record, and upload a digital copy of the replacement record, with proof of service thereof, through the digital portal on this Court's website, and that branch of the motion and the cross motion are otherwise denied; and it is further,

ORDERED that the branch of the motion which is to extend the time to serve and file a respondents' brief is granted, and on or before June 13, 2022, the respondents shall serve and file the 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.

BARROS, J.P., CONNOLLY, CHRISTOPHER and GENOVESI, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court