Appellate Division: Second Judicial Department

M286458

AFA/

ANGELA G. IANNACCI, J.P.

REINALDO E. RIVERA

JOSEPH J. MALTESE

WILLIAM G. FORD, JJ.

2021-02550 Rosa Alvarez Diaz, plaintiff-respondent, v City of New York, defendant-respondent, New York City Transit Authority, appellant-responde James Holding Group, LLC, respondent-appellant. (Index No. 513414/2018)

DECISION & ORDER ON MOTION nt,

Appeal and cross appeal from an order of the Supreme Court, Kings County, dated February 9, 2021. Motion by the appellant-respondent to direct the respondent-appellant to comply with a decision and order on motion of this Court dated December 8, 2021, to the extent of paying one half of the cost of the joint appendix, for an award of costs, and to impose sanctions upon the respondent-appellant and its counsel. Cross motion by the respondent-appellant to extend the time to serve and file an answering brief, for an award of costs, and to impose sanctions upon the appellant-respondent and its counsel.

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

ORDERED that the branch of the motion which is to direct the respondent-appellant to comply with the decision and order on motion of this Court dated December 8, 2021, is granted to the extent that the cross appeal is dismissed unless the respondent-appellant pays one half of the cost of the joint appendix, as reflected in the invoice annexed to the motion as Exhibit E, and files proof of payment with this Court at the time it files its brief, and that branch of the motion is otherwise denied; and it is further,

ORDERED that the branch of the cross motion which is to extend the time to serve and file an answering brief is granted, and on or before January 17, 2023, the respondent-appellant shall serve and file its answering brief, including the points of argument on the cross appeal (see 22 NYCRR 1250.9[f][1][iv]), via NYSCEF, if applicable, or if NYSCEF is not mandated, serve the answering brief and upload a digital copy of the answering brief, with proof of service thereof, through the digital portal on this Court's website; and it is further,

ORDERED that the branches of the motion and cross motion which are for an award of costs are denied; and it is further,

ORDERED that the branches of the motion and cross motion which are to impose sanctions are held in abeyance and referred to the panel of Justices hearing the appeal and cross appeal for determination upon the argument or submission thereof.

IANNACCI, J.P., RIVERA, MALTESE and FORD, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court