Appellate Division: Second Judicial Department

M289760

AFA/

BETSY BARROS, J.P.

LARA J. GENOVESI

WILLIAM G. FORD

JANICE A. TAYLOR, JJ.

2022-01948 Anguin Fitzmorris, appellant, v Nicole Alexander, respondent. (Index No. 610815/2019)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Nassau County, dated November 3, 2021. Motion by the respondent to dismiss the appeal on the ground that the record is inadequate or, in the alternative, 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, it is

ORDERED that the branch of the motion which is to dismiss the appeal is granted to the extent that, on or before July 31, 2023, the appellant shall serve and file a supplemental record containing the reply papers submitted in support of the respondent's motion for summary judgment dismissing the complaint and the papers submitted in opposition to the appellant's cross-motion for summary judgment on the complaint, 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 that branch of the motion is otherwise denied; and it is further,

ORDERED that the branch of the motion which is to extend the time to serve and file a brief is granted, and on or before August 30, 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.

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

ENTER:

Maria T. Fasulo

Clerk of the Court