Burgess v City of New York
Motion No: 2022-00869
Slip Opinion No: 2023 NY Slip Op 61270(U)
Decided on January 30, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M287113

AFA/

MARK C. DILLON, J.P.

REINALDO E. RIVERA

JOSEPH J. MALTESE

HELEN VOUTSINAS, JJ.

2022-00869

Valerie P. Burgess, etc., plaintiff-respondent,

v City of New York, et al., respondents-appellants,

JLG Industries, Inc., appellant-respondent.

(Index No. 24259/2011)

DECISION & ORDER ON MOTION

Appeal and cross appeals from an order of the Supreme Court, Kings County, dated January 4, 2022. Motion by the respondent-appellant City of New York to extend the time to serve and file an answering brief and a reply 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 branch of the motion which is to extend the time to file an answering brief is granted, and on or before February 14, 2023, the respondent-appellant City of New York 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 branch of the motion which is to extend the time to serve and file a reply brief is denied.

DILLON, J.P., RIVERA, MALTESE and VOUTSINAS, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court