Appellate Division: Second Judicial Department

M285765

AFA/

COLLEEN D. DUFFY, J.P.

FRANCESCA E. CONNOLLY

PAUL WOOTEN

JANICE A. TAYLOR, JJ.

2021-07580 Jonathan Montag, respondent, v Maryam's Mart, et al., appellants. (Index No. 606863/2019)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Nassau County, dated September 28, 2021. Motion by the appellants to extend the time to perfect the appeal and to file certain material under seal.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branch of the motion which is to extend the time to perfect the appeal is granted, and on or before January 3, 2023, the appellants shall serve and file the record or appendix and the appellants' brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the record or appendix and the appellants' brief and upload digital copies of the record or appendix and the appellants' brief, 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 file certain material under seal is granted to the extent that the appellants shall file a separate volume or volumes of the record containing Exhibits 2 and 13 to the respondent's cross motion for sanctions, filed in the Supreme Court, Nassau County, which shall be marked confidential, and that volume or those volumes of the record may not be viewed by the public, but may be viewed by the parties to the appeal, counsel appearing on their behalf, or representatives of counsel, authorized in writing to view the confidential material, and the appellants shall file a separate volume or volumes of the record containing the remaining material filed in connection with the appeal which shall not be marked confidential, and that branch of the motion is otherwise denied.

DUFFY, J.P., CONNOLLY, WOOTEN and TAYLOR, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court