| Flores v 333 Bayville Ave Restaurant Corp. |
| Motion No: 2022-04644 |
| Slip Opinion No: 2023 NY Slip Op 75097(U) |
| Decided on October 16, 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
M291594
AFA/
JOSEPH J. MALTESE, J.P.
WILLIAM G. FORD
BARRY E. WARHIT
LOURDES M. VENTURA, JJ.
|
2022-04644 Robert Flores, respondent-appellant, v 333 Bayville Ave Restaurant Corp., et al., defendants third-party plaintiffs-appellants-responden Lad Creative Inc., defendant-respondent, et al., defen Phil-Mar Inc., third-party defendant-respondent. (Index No. 669/2017)
| DECISION & ORDER ON MOTION ts, dant; |
Appeal and cross-appeal from an order of the Supreme Court, Nassau County, dated May 11, 2022. Motion by the respondent-appellant to dismiss the appeal on the ground that the joint appendix is inadequate or, in the alternative, for leave to serve and file a supplemental joint appendix containing certain material, and, in effect, 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 appeal is denied; and it is further,
ORDERED that the branch of the motion which is for leave to serve and file a supplemental joint appendix is granted, and on or before November 15, 2023, the respondent-appellant shall serve and file a supplemental joint appendix containing exhibits G and R to the motion of the defendants third-party plaintiffs-appellants-respondents dated September 20, 2021, 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, in effect, to extend the time to serve and file an answering brief is granted, and on or before November 15, 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.
MALTESE, J.P., FORD, WARHIT and VENTURA, JJ., concur.
ENTER:
Darrell M. Joseph
Acting Clerk of the Court