Appellate Division: Second Judicial Department

M293606

AFA/

COLLEEN D. DUFFY, J.P.

WILLIAM G. FORD

LILLIAN WAN

LAURENCE L. LOVE, JJ.

2022-08061 Juber Jaber, plaintiff-respondent, v Munzer Elayyan, appellant, Farhoud Jaber, defendant-respondent, et al., defendant. (Index No. 151161/2017)

DECISION & ORDER ON MOTION

Appeal from a judgment of the Supreme Court, Richmond County, dated September 16, 2022. Motion by the defendant Farhoud Jaber to be designated as a respondent on the appeal and to extend 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 branch of the motion which is to designate the defendant Farhoud Jaber as a respondent on the appeal is granted, the appendix, the appellant's brief, and the plaintiff-respondent's brief are stricken, and on or before February 20, 2024, the appellant shall serve and file, via NYSCEF, replacement digital copies of the appendix and appellant's brief which designate the defendant Farhoud Jaber as a respondent and which are in all other respects the same as the appendix and appellant's brief previously filed, and the plaintiff-respondent shall serve and file, via NYSCEF, a replacement digital copy of its brief which shall designate the defendant Farhoud Jaber as a respondent and which is in all other respects the same as the brief previously filed; and it is further,

ORDERED that the branch of the motion which is to extend the time to file a brief is granted, and on or before February 20, 2024, the respondent Farhoud Jaber shall serve and file a 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.

DUFFY, J.P., FORD, WAN and LOVE, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court