Appellate Division: Second Judicial Department

M282685

MB/

VALERIE BRATHWAITE NELSON, J.P.

REINALDO E. RIVERA

CHERYL E. CHAMBERS

JOSEPH A. ZAYAS, JJ.

2021-08466 Casa Mia, LLC, et al., respondents, v Elizabeth 1130 ST Corp., et al., appellants. (Index No. 600512/2021)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Nassau County, dated August 6, 2021. Motion by the respondents, inter alia, to dismiss the appeal on the ground that the record does not comply with the rules of this Court or, in the alternative, to extend the time to serve and file a brief. Cross motion by the appellants for an award of costs and attorney's fees.

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

ORDERED that the branch of the motion which is to dismiss the appeal on the ground that the record does not comply with the rules of this Court is granted to the extent that the record is stricken and on or before May 31, 2022, the appellants shall serve and file a replacement record that complies with the CPLR (see CPLR 5526) and rules of this Court (see 22 NYCRR 1250.7) 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 it is further,

ORDERED that the branch of the motion which is to extend the time to serve and file a brief is granted, and on or before June 30, 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; and it is further,

ORDERED that the motion is otherwise denied; and it is further,

ORDERED that the cross motion is denied.

BRATHWAITE NELSON, J.P., RIVERA, CHAMBERS and ZAYAS, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court