Appellate Division: Second Judicial Department

M284720

AFA/

FRANCESCA E. CONNOLLY, J.P.

JOSEPH J. MALTESE

PAUL WOOTEN

LILLIAN WAN, JJ.

2022-00044 David Rhymes, respondent, v Elrac, LLC, etc., et al., defendants, Fresh Meadows Wings, LLC, etc., et al., appellants. (Index No. 704382/2017)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Queens County, dated December 6, 2021. Motion by the appellant, inter alia, to stay enforcement of the order, pending hearing and determination of the appeal. Motion by the respondent 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.

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

ORDERED that the motion by appellant is denied; and it is further,

ORDERED that the branch of the motion by the respondent which is to dismiss the appeal is denied on the condition that on or before September 30, 2022, the appellants serve and file a supplemental record, via NYSCEF, if applicable, which contains Supreme Court NYSCEF Document Nos. 101, 137, and 138, 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 branch of the motion by the respondent which is to extend the time to serve and file a brief is granted, and on or before October 31, 2022, the respondent shall serve and file the respondent's 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.

CONNOLLY, J.P., MALTESE, WOOTEN and WAN, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court