Appellate Division: Second Judicial Department

M288931

AFA/

MARK C. DILLON, J.P.

VALERIE BRATHWAITE NELSON

ROBERT J. MILLER

JOSEPH J. MALTESE, JJ.

2021-04224 Quincy R. Williams, respondent, v Edward C. Morse, Jr., et al., appellants. (Index No. 617127/2018)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Nassau County, dated May 12, 2021. Motion by the respondent to dismiss the appeal on the ground that the record is inadequate or, in the alternative, to direct the appellants to file a supplemental record containing certain material, and to extend the time to file respondent's brief. Separate motion by the respondent to extend the time to serve and file a brief. Motion by the appellants to stay the trial on the issue of damages in the above-entitled action, pending hearing and determination of the appeal.

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

ORDERED that the branches of the motion which are to dismiss the appeal on the ground that the record is inadequate or, in the alternative, to direct the appellants to file a supplemental record containing certain material are granted to the extent that, on or before June 12, 2023, the appellants shall serve and file a supplemental record containing NYSCEF documents 33, 34, 39, and 88, 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 the appellants shall upload, through the digital portal on this Court's website, a digital copy of the contents of the CD or DVD filed as NYSCEF document 33, with proof of service of one hard copy on the respondent, or, if the appellants are unable to upload a digital copy of the contents of the CD or DVD filed as NYSCEF document 33, to file one original copy of the CD or DVD filed as NYSCEF document 33 with the Clerk of this Court, with proof of service of one hard copy on the respondent; and it is further,

ORDERED that the branch of the motion and the separate motion which are to extend the time to serve and file a brief are granted, and on or before July 12, 2023, the respondent shall serve and file the respondent's 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 motion to stay the trial on the issue of damages is denied.

DILLON, J.P., BRATHWAITE NELSON, MILLER and MALTESE, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court