Greenpoint v Powell
Motion No: 2023-04482
Slip Opinion No: 2025 NY Slip Op 60852(U)
Decided on January 17, 2025
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M302197

AFA/

COLLEEN D. DUFFY, J.P.

PAUL WOOTEN

BARRY E. WARHIT

PHILLIP HOM, JJ.

2023-04482

Greenpoint, appellant,

v Emmerson Powell, et al., defendants;

Chaka Powell, nonparty-respondent.

(Index No. 27900/2008)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Kings County, dated April 20, 2023. Motion by the respondent, inter alia, 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 replacement 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 extend the time to serve and file a brief is granted, and on or before February 18, 2025, 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 the motion is otherwise denied.

DUFFY, J.P., WOOTEN, WARHIT and HOM, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court