Appellate Division: Second Judicial Department

M292209

KS/

VALERIE BRATHWAITE NELSON, J.P.

ROBERT J. MILLER

LARA J. GENOVESI

LILLIAN WAN, JJ.

2019-11267, 2021-05806 Dana J. Berger, appellant, v Jason Mazzarone, et al., respondents. (Index No. 616162/2017)

DECISION & ORDER ON MOTION

Appeals from an order of the Supreme Court, Suffolk County, dated August 28, 2019, and a judgment of the same court entered June 25, 2021. Motion by the appellant to extend the time to comply with a decision and order on motion of this Court dated November 12, 2021.

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

ORDERED that the motion is granted, and on or before December 8, 2023, the parties shall file replacement digital copies of the record and briefs via NYSCEF with corrected covers for the record and briefs which contain Appellate Division Docket No. 2021-05806 in addition to Appellate Division Docket No. 2019-11267, and the appellant shall serve and file via NYSCEF a supplemental brief containing her points of argument in connection with the appeal from the judgment and a supplemental record which contains any papers constituting the record on the appeal from the judgment that are not contained in the record filed in connection with the appeal from the order; and it is further,

ORDERED that no further extension of time shall be granted; and it is further,

ORDERED that on the Court's own motion, on or before January 8, 2024, the respondents may serve and file via NYSCEF a brief in response to the appellant's supplemental brief on the appeal from the judgment.

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

ENTER:

Darrell M. Joseph

Acting Clerk of the Court