Pena v Pep Boys-Manny, Moe & Jack of Delaware, Inc.
Motion No: 2020-04178
Slip Opinion No: 2022 NY Slip Op 74620(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

M285863

MG/jr

COLLEEN D. DUFFY, J.P.

FRANCESCA E. CONNOLLY

JOSEPH A. ZAYAS

LILLIAN WAN, JJ.

2020-04178

Herofilo Pena, appellant, v Pep Boys-Manny,

Moe & Jack of Delaware, Inc., respondent.

(Index No. 500404/2018)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Kings County, dated April 25, 2020. Motion by the respondent, in effect, to direct the appellant to 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 the motion is granted to the extent that, on or before December 19, 2022, the appellant shall serve and file a supplemental record containing the respondent's reply memorandum of law filed in support of its motion that was determined by the order dated April 25, 2020, via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the supplemental record and upload a digital copy of the supplemental record, with proof of service thereof, through the digital portal on this Court's website, and the motion is otherwise denied.

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

ENTER:

Maria T. Fasulo

Clerk of the Court