Tenenbaum v Ziv
Motion No: 2022-07419
Slip Opinion No: 2024 NY Slip Op 60163(U)
Decided on January 5, 2024
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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M293394

AFA/

MARK C. DILLON, J.P.

LINDA CHRISTOPHER

LARA J. GENOVESI

BARRY E. WARHIT, JJ.

2022-07419

Jason Tenenbaum, appellant,

v Oren Ziv, et al., respondents.

(Index No. 603849/2021)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Nassau County, dated August 17, 2022. Motion by the respondents to dismiss the appeal on the ground that the record is inadequate, or in the alternative, for leave to serve and file a supplemental record including certain material, and to extent the time to serve and file a brief.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the branches of the motion which are to dismiss the appeal, or in the alternative, for leave to serve and file a supplemental record including certain material, are granted to the extent that on or before February 5, 2024, the appellant shall serve and file a supplemental record containing Supreme Court NYSCEF document numbers 46, 48, and 50, 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 those branches of the motion are otherwise denied; 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 March 6, 2024, 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.

DILLON, J.P., CHRISTOPHER, GENOVESI and WARHIT, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court