Garcia v New York City Transit Authority
Motion No: 2023-08329
Slip Opinion No: 2025 NY Slip Op 66687(U)
Decided on April 14, 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

M304321

AFA/

CHERYL E. CHAMBERS, J.P.

LINDA CHRISTOPHER

WILLIAM G. FORD

DONNA-MARIE E. GOLIA, JJ.

2023-08329

Randolph Garcia, appellant-respondent,

v New York City Transit Authority, et al.,

defendants-respondents, Cristoffe Cintron,

et al., respondents-appellants.

(Index No. 519043/2016)

DECISION & ORDER ON MOTION

Appeal and cross-appeal from a judgment of the Supreme Court, Kings County, dated July 13, 2023. Motion by the defendants-respondents to dismiss the appeal and cross-appeal on the ground that the joint record is inadequate or, in the alternative, to compel the appellant-respondent to file a supplemental joint record containing certain material and for an extension of time to file a respondents' 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 dismiss the appeal and cross-appeal is denied; and it is further,

ORDERED that the branch of the motion which is to compel the appellant-respondent to file a supplemental joint record is granted, and on or before May 14, 2025, the appellant-respondent shall serve and file a supplemental joint record containing the trial exhibits admitted into evidence, 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 a brief is granted, and on or before June 13, 2025, the defendants-respondents shall serve and file the defendants-respondents' 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.

CHAMBERS, J.P., CHRISTOPHER, FORD and GOLIA, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court