Appellate Division: Second Judicial Department

M295780

AFA/

BETSY BARROS, J.P.

PAUL WOOTEN

BARRY E. WARHIT

LOURDES M. VENTURA, JJ.

2022-06312 Alexander Smith, et al., respondents, v Pauline Abby-Lovelace, et al., appellants. (Index No. 510085/2016)

DECISION & ORDER ON MOTION

Appeal from an order and judgment (one paper) of the Supreme Court, Kings County, dated July 11, 2022. Motion by the respondents to dismiss the appeal on the ground that the record is inadequate or, in the alternative, to strike the record as inadequate 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 to dismiss the appeal is denied; and it is further,

ORDERED that the branch of the motion which is to strike the record as inadequate is granted to the extent that on or before May 15, 2024, the appellants shall serve and file a supplemental record containing the plaintiffs' trial exhibits 3 and 4, and the decision after trial dated May 10, 2022, via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the supplemental record and upload a digital copy of the supplemental record, with proof of service thereof, through the digital portal on this Court's website; 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 May 15, 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.

BARROS, J.P., WOOTEN, WARHIT and VENTURA, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court