Appellate Division: Second Judicial Department

M285917

MG/jr

MARK C. DILLON, J.P.

VALERIE BRATHWAITE NELSON

ROBERT J. MILLER

JOSEPH J. MALTESE, JJ.

2021-02732 Vivian Vitale, plaintiff-respondent, v Marcus Avenue Unit One Nominee, LLC, et al., defendants-responde R. Mastrangelo Landscaping, Inc., appellant. (Action No. 1) Vivian Vitale, plaintiff-respondent, v Paris Maintena & Management Co., Inc., et al., defendants-respond (Action No. 2) (Index No. 4648/2015)

DECISION & ORDER ON MOTION nts, nce ents.

Appeal from an order of the Supreme Court, Nassau County, dated March 24, 2021. Motion by the defendants-respondents Paris Maintenance & Management Co., Inc., and Paris Maintenance Company, Inc., to extend the time to serve and file a brief.

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

ORDERED that the motion is granted, and on or before November 29, 2022, the defendants-respondents Paris Maintenance & Management Co., Inc., and Paris Maintenance Company, Inc., shall serve and file their respondents' 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; and it is further,

ORDERED that no further extension of time shall be granted; and it is further,

ORDERED that, on the Court's own motion, in the event that the defendants-respondents Paris Maintenance & Management Co., Inc., and Paris Maintenance Company, Inc., serve and file a brief, the appellant may serve and file a replacement reply brief containing both the appellant's contentions in reply to the briefs filed by the plaintiff-respondent and the defendants-respondents Winthrop Management L.P., Winthrop Management Corp., 1111 Marcus Avenue Condominium, and Stratus Security, Inc., as well as the appellant's contentions in reply to the brief filed by the defendants-respondents Paris Maintenance & Management Co., Inc., and Paris Maintenance Company, Inc., on or before December 14, 2022, via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the replacement reply brief and upload a digital copy of the replacement reply brief, with proof of service thereof, through the digital portal on this Court's website, and, upon the filing of the replacement reply brief, the appellant's previously filed reply brief will be stricken.

DILLON, J.P., BRATHWAITE NELSON, MILLER and MALTESE, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court