Appellate Division: Second Judicial Department

M297739

AFA/

BETSY BARROS, J.P.

LARA J. GENOVESI

DEBORAH A. DOWLING

LAURENCE L. LOVE, JJ.

2021-01066, 2021-02185, 2021-04842 Wisam Awwad, respondent, v Felix H. Larios, et al., defendants, Clifford B. Finkle, Jr., Inc., appellant. (Index No. 505556/2015)

DECISION & ORDER ON MOTION

Appeals from three orders of the Supreme Court, Kings County, dated January 20, 2021, March 10, 2021, and June 22, 2021, respectively. Motion by the respondent to dismiss the appeals, inter alia, on the ground that the appellant failed to serve a notification of case number pursuant to 22 NYCRR 1245.3(b), or, in the alternative, to extend the time to serve and file a brief. Cross-motion by the appellant, inter alia, to dismiss the motion, in effect, on the ground that the motion is frivolous.

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

ORDERED that the branch of the motion which is to dismiss the appeals on the ground that the appellant failed to serve a notification of case number pursuant to 22 NYCRR 1245.3(b) is denied; 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 14, 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; and it is further,

ORDERED that no further extension of time shall be granted; and it is further,

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

ORDERED that the cross-motion is denied.

BARROS, J.P., GENOVESI, DOWLING and LOVE, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court