| Castaldi v Castle Restoration LLC |
| Motion No: 2022-01923 |
| Slip Opinion No: 2023 NY Slip Op 69040(U) |
| Decided on June 21, 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
M288825
AFA/
BETSY BARROS, J.P.
CHERYL E. CHAMBERS
BARRY E. WARHIT
JANICE A. TAYLOR, JJ.
|
2022-01923, 2022-05498 Robert P. Castaldi, respondent-appellant, v Castle Restoration, LLC, appellant-respondent, Sato Construction Co., Inc., et al., defendants-respondents. (Index No. 605585/2015)
| DECISION & ORDER ON MOTION |
Appeal from a decision of the Supreme Court, Suffolk County, dated February 9, 2022, and appeal and cross-appeal from a judgment of the same court dated April 19, 2022. Motion by the respondent-appellant to dismiss the appellant-respondent's appeals on the ground that the joint appendix is inadequate or, in the alternative, to direct the appellant-respondent to serve and file a supplemental appendix and to extend the time to serve and file an answering brief.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to dismiss the appeals on the ground that the joint appendix is inadequate is denied; and it is further,
ORDERED that the branch of the motion which is to direct the appellant-respondent to serve and file a supplemental joint appendix is granted to the extent that on or before July 21, 2023, the respondent-appellant may serve and file a supplemental joint appendix containing the documents annexed to the motion papers as exhibits 3, 4, 5, 6, and 8 and the documents identified in exhibit 11, via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the supplemental joint appendix and upload a digital copy of the supplemental joint appendix, 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 an answering brief is granted, and on or before July 21, 2023, the respondent-appellant 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 the motion is otherwise denied.
BARROS, J.P., CHAMBERS, WARHIT and TAYLOR, JJ., concur.
ENTER:
Maria T. Fasulo
Clerk of the Court