Appellate Division: Second Judicial Department

M284700

AFA/

FRANCESCA E. CONNOLLY, J.P.

JOSEPH J. MALTESE

PAUL WOOTEN

LILLIAN WAN, JJ.

2020-08287 Everette Weaver, appellant, v Albert A. Hatem, etc., et al., respondents. (Index No. 65564/2019)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Westchester County, dated September 10, 2020. Motion by the respondents to dismiss the appeal on the ground that the record is inadequate or, in the alternative, to direct the appellant to serve and file a supplemental record containing certain material.

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 which is to dismiss the appeal is denied; and it is further,

ORDERED that the branch of the motion which is for leave to file a supplemental record is granted, and on or before September 12, 2022, the appellant shall serve and file a supplemental appendix containing the exhibits annexed to the affidavit in support of the defendant's cross motion to dismiss, the exhibits annexed to the defendant's reply affidavit in further support of his cross motion to dismiss, and the order to show cause granted September 2, 2020, via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the supplemental appendix and upload a digital copy of the supplemental appendix, 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