| Colonel v Turfscapes, Inc. |
| Motion No: 2020-09073 |
| Slip Opinion No: 2023 NY Slip Op 60620(U) |
| Decided on January 18, 2023 |
| 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. |
Appellate Division: Second Judicial Department
M286874
AFA/
ANGELA G. IANNACCI, J.P.
ROBERT J. MILLER
LINDA CHRISTOPHER
LILLIAN WAN, JJ.
|
2020-09073 Cristie A. Colonel, plaintiff-respondent, v Turfscapes, Inc., appellant, Toll Brothers, Inc., et al., defendants-respondents. (Index No. 52385/2016)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Dutchess County, dated November 10, 2020. Motion by the defendants-respondents to extend the time to serve and file a brief. Motion by the plaintiff-respondent to dismiss the appeal on the ground that the appellant failed to serve a notification of case number pursuant to 22 NYCRR 1245.3(b), or in the alternative, to extend the time to serve and file a brief and to strike stated portions of the record on the ground that they are dehors the record.
Upon the papers filed in support of the motion by the defendants-respondents and no papers having been filed in opposition or in relation thereto, and upon the papers filed in support of the motion by the plaintiff-respondent and the papers filed in opposition thereto, it is
ORDERED that the motion by the defendants-respondents is granted, and on or before March 6, 2023, the defendants-respondents 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 the branch of the motion by the plaintiff-respondent which is to extend the time to serve and file a brief is granted, and on or before March 6, 2023, the plaintiff-respondent shall serve and file her 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 the motion by the plaintiff-respondent is otherwise denied.
IANNACCI, J.P., MILLER, CHRISTOPHER and WAN, JJ., concur.
ENTER:
Maria T. Fasulo
Clerk of the Court