Appellate Division: Second Judicial Department

M295278

AFA/

FRANCESCA E. CONNOLLY, J.P.

JOSEPH J. MALTESE

DEBORAH A. DOWLING

BARRY E. WARHIT, JJ.

2021-03789 Janet Bruce, respondent, v Sanford Solny, et al., appellants, et al., defendants. (Index No. 510162/2020)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Kings County, dated April 8, 2021. Motion by the respondent, inter alia, to dismiss the appeal on the ground that it has been rendered academic or, in the alternative, in effect, to enlarge the record to include certain material and to extend the time to serve and file a brief. Cross-motion by the appellant for an award of attorney fees and costs.

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

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 April 29, 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, and the motion is otherwise denied; and it is further,

ORDERED that the cross-motion is denied.

CONNOLLY, J.P., MALTESE, DOWLING and WARHIT, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court