Appellate Division: Second Judicial Department

M284791

MB/

FRANCESCA E. CONNOLLY, J.P.

LINDA CHRISTOPHER

PAUL WOOTEN

LILLIAN WAN, JJ.

2020-06822 John Gardner, respondent-appellant, v Sacco & Fillas, LLP, et al., appellants-respondents, et al., defendants. (Index No. 706776/2014)

DECISION & ORDER ON MOTION

Appeal and cross appeal from an order of the Supreme Court, Queens County, entered September 1, 2020. Motion by John Gardner to extend the time to serve and file an answering brief, including the points of argument on the cross appeal (see 22 NYCRR 1250.9[f][1][iv]), and to extend 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 which is to extend the time to serve and file an answering brief, including the points of argument on the cross appeal (see 22 NYCRR 1250.9[f][1][iv]), is denied as the cross appeal has been deemed dismissed for failure to timely perfect (see 22 NYCRR 1250.10[a]); and it is further,

ORDERED that the branch of the motion which is to extend the time to serve and file a respondent's brief is granted, and on or before October 14, 2022, John Gardner shall serve and file his 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., CHRISTOPHER, WOOTEN and WAN, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court