Appellate Division: Second Judicial Department

M286639

AFA/

BETSY BARROS, J.P.

PAUL WOOTEN

JOSEPH A. ZAYAS

LILLIAN WAN, JJ.

2022-02899 Minnette Blackwood, plaintiff-respondent, v E.S.F. Transport Inc., et al., defendants-respondent Althea Kennedy Housing Development Fund Corp., appellant. (Index No. 520015/2017)

DECISION & ORDER ON MOTION s,

Appeal from an order of the Supreme Court, Kings County, dated March 23, 2022. Motion by the defendants-respondents E.S.F. Transport Inc. and Steven Hlavna to extend the time to serve and file a brief.

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 motion is granted, and on or before January 30, 2023, the defendants-respondents E.S.F. Transport Inc. and Steven Hlavna shall serve and file their 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, on the Court's own motion, in the event that the defendants-respondents E.S.F. Transport Inc. and Steven Hlavna 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 brief filed by the plaintiff-respondent as well as the appellant's contentions in reply to the brief filed by the defendants-respondents E.S.F. Transport Inc. and Steven Hlavna, on or before February 14, 2023, 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.

BARROS, J.P., WOOTEN, ZAYAS and WAN, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court