Appellate Division: Second Judicial Department

M305791

AFA/

VALERIE BRATHWAITE NELSON, J.P.

LINDA CHRISTOPHER

JANICE A. TAYLOR

JAMES P. MCCORMACK, JJ.

2024-02581 Michael Shen, appellant, v Ferncliff Cemetery Association, respondent. (Index No. 50558/2023)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Westchester County, dated March 5, 2024. Motion by the respondent, in effect, to dismiss the appeal on the grounds the appellant failed to assemble a proper appendix and for failure to timely perfect or, in the alternative, to extend the time to serve and file a brief. Motion by the appellant, inter alia, in effect, to enlarge the record to include certain material.

Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is

ORDERED that the branches of the motion by the respondent which are to dismiss the appeal are denied; and it is further,

ORDERED that the motion by the appellant is granted to the extent that on or before July 11, 2025, the appellant shall serve and file a supplemental appendix containing Supreme Court NYSCEF Documents Nos. 1 and 3, via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the supplemental appendix and upload a digital copy of the supplemental appendix, with proof of service thereof, through the digital portal on this Court's website, and the motion by the appellant is otherwise denied; and it is further,

ORDERED that the branch of the motion by the respondent which is to extend the time to serve and file a brief is granted, and on or before August 11, 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.

BRATHWAITE NELSON, J.P., CHRISTOPHER, TAYLOR and MCCORMACK, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court