| MATTER OF HERMAN TOASA AND SMIT PATEL V PATRICK MCALLISTER, MATHEW MCCARTHY, DOUG FAHY, BROOKS BAKER AND MARK SCHLECHTER |
| Motion No: OP 25-00591 |
| Slip Opinion No: 2025 NY Slip Op 79688(U) |
| Decided on October 21, 2025 |
| Appellate Division, Fourth 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. |
PRESENT: WHALEN, P.J., LINDLEY, CURRAN, BANNISTER, AND MONTOUR, JJ.
OP 25-00591
| MATTER OF HERMAN TOASA AND SMIT PATEL, PETITIONERS, V PATRICK
MCALLISTER, MATHEW MCCARTHY, DOUG FAHY, BROOKS BAKER AND MARK SCHLECHTER, RESPONDENTS. |
In this original CPLR article 78 proceeding, petitioners having moved for an extension of time to file a brief and for other relief,
Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as petitioner seeks an extension of time to file a brief is granted on the condition that the brief is filed on or before November 3, 2025, and in the event the brief is not filed by November 3, 2025, the proceeding is dismissed without further order, and
It is further ORDERED that if petitioners' brief is timely filed, then respondents' brief shall be filed on or before December 3, 2025, and
It is further ORDERED that the motion insofar as it seeks permission to file a supplemental record is granted to the extent that petitioners may file a supplemental record limited to the email communications contained in Exhibit G to this motion on or before November 3, 2025, and
It is further ORDERED that the motion insofar as it seeks other relief is denied.
Entered: October 21, 2025
Ann Dillon Flynn
Clerk of the Court