Acosta v 74 Eldert Realty LLC
Motion No: 2021-05716
Slip Opinion No: 2022 NY Slip Op 74585(U)
Decided on November 18, 2022
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M285862

MG/jr

COLLEEN D. DUFFY, J.P.

FRANCESCA E. CONNOLLY

JOSEPH A. ZAYAS

LILLIAN WAN, JJ.

2021-05716

Rafael Acosta, appellant, v 74 Eldert Realty LLC,

defendant-respondent, Liberty One Construction LLC

defendant third-party plaintiff-respondent,

S.B.S. Tiles, Inc., third-party defendant-respondent,

et al., third-party defendant.

(Index No. 520803/2018)

DECISION & ORDER ON MOTION


,

Appeal from an order of the Supreme Court, Kings County, dated July 13, 2021. Motion by the appellant to enlarge the record to include certain material and to extend the time to perfect the appeal.

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 enlarge the record to include certain material is denied; and it is further,

ORDERED that the branch of the motion which is to extend the time to perfect the appeal is granted, and on or before December 19, 2022, the appellant shall serve and file the record or appendix and the appellant's brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the record or appendix and the appellant's brief and upload digital copies of the record or appendix and the appellant's brief, with proof of service thereof, through the digital portal on this Court's website.

DUFFY, J.P., CONNOLLY, ZAYAS and WAN, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court