Appellate Division: Second Judicial Department

M282471

MB/

VALERIE BRATHWAITE NELSON, J.P.

ROBERT J. MILLER

JOSEPH J. MALTESE

JOSEPH A. ZAYAS, JJ.

2021-00484 Frank Esposito, appellant, v Mark Levinson, et al., respondents. (Index Nos. 800031/2020, 923/2008)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Putnam County, dated December 23, 2013. Motion by the respondents to strike the record as inadequate and to dismiss the appeal.

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

ORDERED that the motion is granted to the extent that on or before May 16, 2022, the appellant shall serve and file a supplemental record via NYSCEF, if applicable, which contains the transcript of the proceedings which occurred on July 23, 2012, and copies of all trial exhibits admitted into evidence on that date 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 the motion is otherwise denied; and it is further,

ORDERED that on the Court's own motion, the respondents' time to serve and file a brief is extended, and on or before June 16, 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.

BRATHWAITE NELSON, J.P., MILLER, MALTESE and ZAYAS, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court