Brownyard v County of Suffolk
Motion No: 2022-01584
Slip Opinion No: 2023 NY Slip Op 62595(U)
Decided on February 27, 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

M287552

AFA/

BETSY BARROS, J.P.

ROBERT J. MILLER

LARA J. GENOVESI

JANICE A. TAYLOR, JJ.

2022-01584, 2022-06783

Bruce Brownyard, et al., respondents,

v County of Suffolk, et al., appellants.

(Index No. 1596/2015)

DECISION & ORDER ON MOTION

Appeals from two orders of the Supreme Court, Suffolk County, dated November 20, 2019, and January 31, 2022, respectively. Motion by the respondents, in effect, to direct the appellants to serve and file a supplemental record containing certain material or, in the alternative, for leave to serve and file a supplemental record containing certain material. Separate application by the respondents to extend the time to serve and file a brief.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branch of the motion which is, in effect, to direct the appellants to file a supplemental record is granted, and on or before March 29, 2023, the appellants shall serve and file a supplemental record containing the respondents' memorandum of law in opposition to appellants' motion for a protective order, dated September 25, 2019, and the respondents' memorandum of law in opposition to the appellants' second motion for a protective order, dated April 21, 2021, which are attached to the respondents' moving papers as exhibits B and F, 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 it is further,

ORDERED that the motion is otherwise denied; and it is further,

ORDERED that the application is granted, and on or before April 28, 2023, the respondents shall serve and file the respondents' 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.

BARROS, J.P., MILLER, GENOVESI and TAYLOR, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court