Appellate Division: Second Judicial Department

M293635

AFA/

MARK C. DILLON, J.P.

JOSEPH J. MALTESE

JANICE A. TAYLOR

CARL J. LANDICINO, JJ.

2021-03868 Ruth Toporoff, et al., appellants, v Suzanne Galli, et al., respondents. (Index No. 56780/2013)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Westchester County, dated April 7, 2021. Motion by the respondents to dismiss the appeal on the ground that the appendix is inadequate or, in the alternative, 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 dismiss the appeal is granted to the extent that on or before February 20, 2024, the appellants shall file a supplemental appendix containing Supreme Court NYSCEF Document Nos. 300 and 302 and the transcripts of the hearing on their motion, inter alia, for a preliminary injunction, via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the supplemental appendix and upload a digital copy of the supplemental appendix, with proof of service thereof, through the digital portal on this Court's website, and that branch of the motion is otherwise denied; and it is further,

ORDERED that the branch of the motion which is to extend the time to serve and fille a respondent' brief is granted, and on or before March 21, 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., MALTESE, TAYLOR and LANDICINO, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court