Appellate Division: Second Judicial Department

M294369

AFA/

HECTOR D. LASALLE, P.J.

BETSY BARROS

HELEN VOUTSINAS

LOURDES M. VENTURA, JJ.

2021-05583 Lana Gordon, et al., respondents, v Vladislav Tsirkin CPA & Co., LLC, et al., appellants. (Index No. 1321/2019)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Nassau County, dated July 19, 2021. Motion by the respondent Lana Gordon to dismiss the appeal for failure to serve the record and briefs on her or, in the alternative, for an extension of time to serve and file a respondent's brief and, in effect, to recalendar the appeal for oral argument.

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

ORDERED that the motion is granted to the extent that on or before March 22, 2024, the respondent Lana Gordon shall serve and file a 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, and the motion is otherwise denied; and it is further,

ORDERED that on the Court's own motion, in the event that the respondent Lana Gordon serves and file a brief, the appellants may serve and file a replacement reply brief containing both the appellant's contentions in reply to the brief filed by the respondent Lana Gordon as well as the appellants' contentions in reply to the brief filed by the respondents Onyx LLC and Anna Dykshteyn on or before April 5, 2024, via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the replacement reply brief and upload a digital copy of the replacement reply brief, with proof of service thereof, through the digital portal on this Court's website, and, upon the filing of the replacement reply brief, the appellants' previously filed reply brief will be stricken.

LASALLE, P.J., BARROS, VOUTSINAS and VENTURA, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court