John Nasrinpay 2, As Assignee of Nelson-lutchman, Cymone v Nationwide Affinity Ins. Co. of Am.
Motion No: 2021-00792 KC
Slip Opinion No: 2022 NY Slip Op 70232(U)
Decided on August 17, 2022
Appellate Term, 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.


Appellate Term of the Supreme Court

of the State of New York for the 2nd, 11th & 13th Judicial Districts

THOMAS P. ALIOTTA, P.J.

DONNA-MARIE GOLIA

CHEREÉ A. BUGGS, JJ.

DECISION & ORDER ON MOTION

2021-792 K C
John Nasrinpay 2, as Assignee of Nelson-Lutchman, Cymone, Appellant, v Nationwide Affinity Insurance Company of America, Respondent.

Motion by respondent to dismiss an appeal from an order of the Civil Court of the City of New York, Kings County, dated December 2, 2021, or, in the alternative, to direct appellant to serve and file a supplemental record and to enlarge the time to serve and file a respondent's 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 seeking to dismiss the appeal is denied; and it is further,

ORDERED that the branch of the motion seeking to direct appellant to serve and file a supplemental record to include defendant-respondent's affirmation in opposition to plaintiff-appellant's cross motion for summary judgment is granted, and appellant shall file the supplemental record within 10 days of the date of this decision and order on motion; and it is further,

ORDERED that the branch of the motion seeking an enlargement of time to serve and file a respondent's brief is granted, and the respondent's brief shall be served and filed within 10 days of the date that the supplemental record is due to be filed pursuant to this decision and order; and it is further,

ORDERED that appellant, if it be so advised, may serve and file a reply brief within 7 days of the date that respondent's brief is served and filed.

ENTER:

Paul Kenny

Chief Clerk