Appellate Division: Second Judicial Department

M291093

AFA/

VALERIE BRATHWAITE NELSON, J.P.

LARA J. GENOVESI

LILLIAN WAN

JANICE A. TAYLOR, JJ.

2021-06101 In the Matter of Congregation Bais Torah, appellant, v Orangetown Monsey Hebrew School/Yeshiva Shaarei Torah, respondent. (Index No. 032040/2021)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Rockland County, dated August 12, 2021. Motion by the respondent to direct the appellant to serve and file a supplemental record containing certain material and to extend the time to serve and file a brief. Cross-motion by the appellant to deem the appeal to be unopposed and for an award of costs.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the papers filed in support of the cross-motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branch of the motion which is to direct the appellant to serve and file a supplemental record is granted, and on or before October 18, 2023, the appellant shall serve and file a supplemental record containing Supreme Court NYSCEF Document Nos. 24, 61, and 69, 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 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 November 17, 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 cross-motion is denied.

BRATHWAITE NELSON, J.P., GENOVESI, WAN and TAYLOR, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court