Appellate Division: Second Judicial Department

M296846

AFA/

FRANCESCA E. CONNOLLY, J.P.

LARA J. GENOVESI

DEBORAH A. DOWLING

LOURDES M. VENTURA, JJ.

2023-03902 Rev. Kevin W. Gruber, et al., appellants, v Donaldsons Inc., et al., respondents. (Index No. 613224/2018)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Nassau County, dated March 24, 2023. Motion by the respondent Donaldsons Inc. to strike the appellants' appendix on the ground that it is inadequate and to compel the appellants to serve and file a replacement appendix that includes certain material or, in the alterative, for leave to serve and file a respondent's appendix, and to extend the time to serve and file a brief. Cross-motion by the respondents Geico General Insurance Company, Inc. and Russo & Tambasco to strike the appellants' appendix on the ground that it is inadequate and to compel the appellants to serve and file a replacement appendix that includes certain material or, in the alterative, for leave to serve and file a respondent's appendix and to extend the time to serve and file a brief. Motion by the appellants to strike the motion by the respondent Donaldsons Inc. on the ground that it lacks an attorney signature and to impose a sanction upon the respondents.

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

ORDERED that the branches of the motion by the respondent Donaldsons Inc. and the cross-motion which are to strike the appellants' appendix and compel the appellants to serve and file a supplemental appendix that includes certain material are denied without prejudice to the respondents serving and filing a respondents' appendix (see CPLR 5528[b]; 22 NYCRR 1250.9[c]); and it is further,

ORDERED that the branches of the motion by the respondent Donaldsons Inc. and the cross-motion which are for leave to serve and file a respondents' appendix are denied as unnecessary (see CPLR 5528[b]; 22 NYCRR 1250.9[c]); and it is further,

ORDERED that the branches of the motion by the respondent Donaldsons Inc. and the cross-motion which are to extend the time to serve and file a brief are granted, and on or before July 5, 2024, the respondents shall serve and file the respondents' respective briefs via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve their respective briefs and upload a digital copy of their respective briefs, with proof of service thereof, through the digital portal on this Court's website; and it is further,

ORDERED the motion by the appellants is denied.

CONNOLLY, J.P., GENOVESI, DOWLING and VENTURA, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court