Appellate Division: Second Judicial Department

M296759

AFA/

ANGELA G. IANNACCI, J.P.

CHERYL E. CHAMBERS

JOSEPH J. MALTESE

LILLIAN WAN, JJ.

2023-03466 Roman Malayev, plaintiff, v Boulevard Leasing Limited Partnership, et al., defendants; Gordon & Gordon, PC, nonparty-appellant, Flomenhaft Law Firm, PLLC, nonparty-respondent (and a third party action). (Index No. 708959/2017)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Queens County, dated February 10, 2023. Motion by the respondent to dismiss the appeal on the ground that the record is inadequate or, in the alternative, to direct the appellant to serve and file a supplemental record 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 to dismiss the appeal is denied; and it is further,

ORDERED that the branch of the motion which is to direct the appellant to serve and file a supplemental record is granted, and on or before July 3, 2024, the appellant shall serve and file a supplemental record containing Supreme Court NYSCEF Document No. 285, 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 August 2, 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.

IANNACCI, J.P., CHAMBERS, MALTESE and WAN, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court