Appellate Division: Second Judicial Department

M290683

AFA/

FRANCESCA E. CONNOLLY, J.P.

DEBORAH A. DOWLING

JANICE A. TAYLOR

LOURDES M. VENTURA, JJ.

2022-03121 Rubina Ali, appellant, v New York City Transit Authority, et al., respondents. (Index No. 704361/2017)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Queens County, dated March 30, 2022. Motion by the appellant for leave to serve and file an amended appendix and amended brief. Cross-motion by the respondents to dismiss the appeal on the ground that the appendix is inadequate or, in the alternative, to direct the appellant to serve and file an amended appendix, and to extend the time to serve and file a brief.

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 which is for leave to file an amended appendix is granted, and on or before September 22, 2023, the appellant shall serve and file an amended appendix in the form annexed to the motion papers, via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the amended appendix and upload a digital copy of the amended 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 for leave to file an amended brief is granted to the extent that on or before September 22, 2023, the appellant shall file a replacement brief which contains citations to the amended appendix and is in all other respects the same as the brief previously filed, via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the replacement brief, 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 cross-motion which is to dismiss the appeal is denied; and it is further,

ORDERED that the branch of the cross-motion which is to compel the appellant to file an amended appendix is denied as academic in light of the Court's decision on the appellant's motion; and it is further,

ORDERED that the branch of the cross-motion which is to extend the time to serve and file a brief is granted, and on or before October 23, 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.

CONNOLLY, J.P., DOWLING, TAYLOR and VENTURA, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court