Militana v DeMartino
Motion No: 2021-06555
Slip Opinion No: 2024 NY Slip Op 62078(U)
Decided on February 9, 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

M294138

AFA/

MARK C. DILLON, J.P.

BETSY BARROS

DEBORAH A. DOWLING

LILLIAN WAN, JJ.

2021-06555, 2021-06557

Angela Militana, respondent,

v Thomas DeMartino, appellant.

(Index No. 201376/2013)

DECISION & ORDER ON MOTION

Appeals from two judgments of the Supreme Court, Nassau County, entered June 22, 2018, and May 31, 2019, respectively. Motion by the respondent for leave to serve and file a supplemental appendix containing certain material 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 for leave to file a supplemental appendix is denied as unnecessary (see CPLR 5528[b]; 22 NYCRR 1250.9[c]); 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 11, 2024, the respondent shall serve and file the 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.

DILLON, J.P., BARROS, DOWLING and WAN, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court