Appellate Division: Second Judicial Department

M308880

AFA/

LARA J. GENOVESI, J.P.

LINDA CHRISTOPHER

LILLIAN WAN

DONNA-MARIE E. GOLIA, JJ.

2023-11816 Marek Nimtz, respondent, v Zolman Gofman, et al., appellants. (Index No. 512352/2021)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Kings County, dated July 10, 2023. Motion by the respondent to dismiss the appeal on the ground that the appendix is inadequate or, in the alternative, to direct the appellant to serve and file a supplemental appendix containing certain material, and to extend the time to serve and file a brief.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branch of the motion which is to dismiss the appeal is denied; and it is further,

ORDERED that the branch of the motion which is to direct the appellant to serve and file a supplemental appendix containing certain material is denied without prejudice to the respondent filing an appendix (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 December 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.

GENOVESI, J.P., CHRISTOPHER, WAN and GOLIA, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court