Appellate Division: Second Judicial Department

M307819

AFA/

BETSY BARROS, J.P.

ANGELA G. IANNACCI

HELEN VOUTSINAS

SUSAN QUIRK, JJ.

2024-01813 In the Matter of Judith A. Jedrlinic, appellant, v Village of Babylon, et al., respondents. (Index No. 61401/2020)

DECISION & ORDER ON MOTION

Appeal from an order and judgment (one paper) of the Supreme Court, Suffolk County, dated January 10, 2024. Motion by the respondents, in effect, to direct the appellant to serve and file a supplemental appendix containing certain material, or, in the alternative, for leave to serve and file a respondents' appendix, 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, in effect, to direct the appellant to serve and file a supplemental appendix containing certain material is denied without prejudice to the respondents serving and filing a respondents' appendix (see CPLR 5528[b]; 22 NYCRR 1250.9[c]); and it is further,

ORDERED that the branch of the motion which is, in effect, for leave to serve and file a respondents' appendix is denied as unnecessary (see CPLR 5528[b]; 22 NYCRR 1250.9[c]); 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 October 14, 2025, the respondents shall serve and file the 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.

BARROS, J.P., IANNACCI, VOUTSINAS and QUIRK, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court