Appellate Division: Second Judicial Department

M288295

AFA/

ANGELA G. IANNACCI, J.P.

LINDA CHRISTOPHER

WILLIAM G. FORD

JANICE A. TAYLOR, JJ.

2021-08127 In the Matter of 154-156 Long Beach Road, LLC, respondent, v Beaumont A. Jefferson, etc., et al., appellants. (Index No. 603313/2021)

DECISION & ORDER ON MOTION

Appeals from an order of the Supreme Court, Nassau County, dated October 4, 2021. Motion by the appellant Beaumont A. Jefferson and County of Nassau to deem the notice of appeal filed by the appellant Beaumont A. Jefferson to reflect that County of Nassau is also an appealing party and to extend the time to perfect their appeal. Motion by the respondent to strike stated portions of the brief of the appellant Peter A. Pekich d/b/a Medcor Holding Co., on the ground that they refer to and contain matter dehors the record and to dismiss the appeal by the appellant Beaumont A. Jefferson and County of Nassau for failure to timely perfect.

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

ORDERED that the branch of the motion by the appellant Beaumont A. Jefferson and County of Nassau which is to deem the notice of appeal filed by the appellant Beaumont A. Jefferson to reflect that County of Nassau is also an appealing party is granted, the notice of appeal filed by the appellant Beaumont A. Jefferson is deemed to reflect that County of Nassau is also an appealing party (see CPLR 2001; Matter of Tagliaferri, 1 NY3d 605), the caption is amended accordingly, and on or before May 5, 2023, the parties shall file a replacement digital copy of the joint record and the appellant Peter A. Pekich d/b/a Medcor Holding Co. shall file a replacement digital copy of his appellant's brief via NYSCEF with corrected covers for the joint record and brief which designate County of Nassau as respondent-appellant, and which are in all other respects the same as the joint record and brief previously filed; and it is further,

ORDERED that the branch of the motion by the appellants Beaumont A. Jefferson and County of Nassau which is to extend the time to perfect their appeal is granted, and on or before June 6, 2023, the appellants Beaumont A. Jefferson and County of Nassau shall serve and file their appellants' brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the appellants' brief and upload digital copies of the appellants' 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 respondent's motion which is to strike stated portions of the brief of the appellant Peter A. Pekich a/k/a Medcor Holding Co. is granted to the extent that the image of the return card on page 13 of the brief is stricken and on or before May 5, 2023, the appellant Peter A. Pekich d/b/a Medcor Holding Co. shall file a replacement digital copy of his appellant's brief that does not contain the image of the return card on page 13 of the brief, and that branch of the motion is otherwise denied; and it is further,

ORDERED that the branch of the respondent's motion which is to dismiss the appeal by the appellant Beaumont A. Jefferson and County of Nassau for failure to timely perfect is denied.

IANNACCI, J.P., CHRISTOPHER, FORD and TAYLOR, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court