Appellate Division: Second Judicial Department

M295524

AFA/

VALERIE BRATHWAITE NELSON, J.P.

ROBERT J. MILLER

WILLIAM G. FORD

HELEN VOUTSINAS, JJ.

2023-01097 Great Neck Library, appellant, v Kaeyer, Garment & Davidson Architects, P.C., defendant-third party plaintiff-respondent; O'Dea & Associates, P.C., etc., third-party defendant-respondent. (Index No. 605614/2019)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Nassau County, dated December 16, 2022. Motion by the respondent O'Dea & Associates, P.C., to extend the time to serve and file a brief.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is granted, and on or before May 8, 2024, the respondent O'Dea & Associates, P.C. shall serve and file their 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 it is further,

ORDERED that on the Court's own motion, in the event that the respondent O'Dea & Associates, P.C. serves and file a brief, the appellant may serve and file a replacement reply brief containing both the appellant's contentions in reply to the brief filed by the respondent O'Dea & Associates, P.C. as well as the appellant's contentions in reply to the brief filed by the respondent Garment & Davidson Architects, P.C., on or before May 23, 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.

BRATHWAITE NELSON, J.P., MILLER, FORD and VOUTSINAS, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court