| Esposito v Levinson |
| Motion No: 2021-00484 |
| Slip Opinion No: 2023 NY Slip Op 71342(U) |
| Decided on August 7, 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
M290416
AFA/
VALERIE BRATHWAITE NELSON, J.P.
WILLIAM G. FORD
DEBORAH A. DOWLING
BARRY E. WARHIT, JJ.
|
2021-00484 Frank Esposito, appellant, v Mark Levinson, et al., respondents. (Index No. 800031/2020)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Putnam County, dated December 23, 2013. Motion by the respondents to strike the record as inadequate and dismiss the appeal, or, in the alternative, to extend the time to serve and file a brief. Cross-motion by the appellant to extend the time to comply with a decision and order on motion of this Court dated April 15, 2022. Separate motion by the appellant to extend the time to comply with the decision and order on motion of this Court dated April 15, 2022, or, in the alternative, to waive the requirement to serve a supplemental record.
Upon the papers filed in support of the motions and cross-motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion by the appellant which is to extend the time to comply with the decision and order on motion of this Court dated April 15, 2022, and the cross-motion are granted, and on or before September 6, 2023, the appellant shall serve and file a supplemental record via NYSCEF, if applicable, which contains the transcript of the proceedings which occurred on July 23, 2012, and copies of all trial exhibits admitted into evidence on that date 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 branch of the motion by the appellant which is to waive the requirement to serve a supplemental record is denied; and it is further,
ORDERED that the motion by the respondents is granted to the extent that on or before October 6, 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, and the motion by the respondents is otherwise denied.
BRATHWAITE NELSON, J.P., FORD, DOWLING and WARHIT, JJ., concur.
ENTER:
Darrell M. Joseph
Acting Clerk of the Court