Appellate Division: Second Judicial Department

M291959

KS/

JOSEPH J. MALTESE, J.P.

LINDA CHRISTOPHER

WILLIAM G. FORD

LAURENCE L. LOVE, JJ.

2022-06440, 2023-00524 126 Bapaz, LLC, respondent, v Nostrand Ave Holdings, LLC, et al., defendants, Rosenberg & Steinmetz, P.C., et al., appellants. (Appeal No. 1) 126 Bapaz, LLC, respondent-appellant, v Nostrand Ave Holdings, LLC, et al., defendants, Rosenberg & Steinmetz, P.C., et al., appellants-respondents. (Appeal No. 2) (Index No. 500058/2022)

DECISION & ORDER ON MOTION

On the Court's own motion, it is

ORDERED that the decision and order on motion of this Court dated October 23, 2023, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:

Appeal from an order of the Supreme Court, Kings County, dated July 7, 2022, and appeal and cross-appeal from an order of the same court dated December 15, 2022. Motion by the respondent-appellant to enlarge the joint record to include certain material and 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 enlarge the joint record to include certain material is denied; and it is further,

ORDERED that the branch of the motion which is to extend the time to serve and file an answering brief is granted, and on or before November 22, 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, and the motion is otherwise denied.

MALTESE, J.P., CHRISTOPHER, FORD and LOVE, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court