| Kurtanidze v Fasino |
| Motion No: 2023-11152 |
| Slip Opinion No: 2025 NY Slip Op 63876(U) |
| Decided on March 3, 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. |
Appellate Division: Second Judicial Department
M303276
AFA/
CHERYL E. CHAMBERS, J.P.
PAUL WOOTEN
HELEN VOUTSINAS
LAURENCE L. LOVE, JJ.
|
2023-11152 Tamar Kurtanidze, appellant, v Salvatore Fasino, respondent. (Index No. 521493/2020)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Kings County, dated July 19, 2023. By decision and order on motion of this Court dated September 11, 2024, the appellant was directed to serve and file a replacement record that does not contain pages 309 and 310, that contains an accurate reproduction of the so-ordered stipulation dated May 2, 2023 (see 22 NYCRR 1250.7[a]), and that is in all other respects the same as the record previously filed. The appellant has not filed the replacement record. By order to show cause dated November 13, 2024, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal for failure to comply with the decision and order on motion of this Court dated September 11, 2024. Motion by the respondent to dismiss the appeal on the ground that the appellant failed to comply with the decision and order on motion of this Court dated September 11, 2024. Application by the appellant, in effect, to extend the time to comply with the decision and order on motion of this Court dated September 11, 2024.
Now, upon the order to show cause and the papers filed in response thereto, upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that motions to dismiss the appeal are denied; and it is further,
ORDERED that the application is granted, the appellant's time to comply with the decision and order on motion of this Court dated September 11, 2024, is extended, and on or before April 2, 2025, the appellant shall serve and file, via NYSCEF, a replacement record that does not contain pages 309 and 310, that contains an accurate reproduction of the so-ordered stipulation dated May 2, 2023 (see 22 NYCRR 1250.7[a]), and that is in all other respects the same as the record previously filed.
CHAMBERS, J.P., WOOTEN, VOUTSINAS and LOVE, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court