Appellate Division: Second Judicial Department

M297070

AFA/

BETSY BARROS, J.P.

WILLIAM G. FORD

HELEN VOUTSINAS

CARL J. LANDICINO, JJ.

2023-00348 Georgica Builders, Ltd., appellant-respondent, v 136 Bishops Lane, LLC, et al., respondents-appellants. (Index No. 614430/2016)

DECISION & ORDER ON MOTION

Appeal and cross-appeal from an order of the Supreme Court, Suffolk County, dated December 5, 2022. Motion by the respondents-appellants to dismiss the appeal on the ground that the joint record is inadequate or, in the alternative, for leave to serve and file a supplemental joint record containing certain material, for an award of attorneys' fees and costs, and to extend the time to serve and file an answering brief. Cross-motion by the appellant-respondent to compel the respondents-appellants to pay one-half of the cost of preparing the joint record.

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 dismiss the appeal is denied; and it is further,

ORDERED that the branch of the motion which is for leave to file a supplemental joint record is granted, and on or before July 15, 2024, the respondents-appellants shall serve and file a supplemental joint record containing the 31 trial exhibits offered into evidence by the respondents-appellants, via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the supplemental joint record and upload a digital copy of the supplemental joint 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 an answering brief is granted, and on or before July 15, 2024, the respondents-appellants shall serve and file their answering brief, including the points of argument on the cross-appeal (see 22 NYCRR 1250.9[f][1][iv]), via NYSCEF, if applicable, or if NYSCEF is not mandated, serve the answering brief and upload a digital copy of the answering brief, with proof of service thereof, through the digital portal on this Court's website; and it is further,

ORDERED that the motion is otherwise denied; and it is further,

ORDERED that the cross-motion by the appellant-respondent to pay one-half the costs of preparing the joint record is denied without prejudice to renew after the respondent-appellant has served and filed an answering brief, including the points of argument on the cross-appeal (see 22 NYCRR 1250.9[f][1][ii], [iv]).

BARROS, J.P., FORD, VOUTSINAS and LANDICINO, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court