Appellate Division: Second Judicial Department

M309153

AFA/

COLLEEN D. DUFFY, J.P.

PAUL WOOTEN

PHILLIP HOM

ELENA GOLDBERG VELAZQUEZ, JJ.

2025-04434 American Transit Insurance Company, appellant, v Spine Sports & Interventional Pain Medicine, etc., respondent. (Index No. 537471/2022)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Kings County, dated March 11, 2025. Motion by the respondent to dismiss the appeal on the ground that the record is inadequate or, in the alternative, to extend the time to serve and file a brief. Cross-motion by the appellant to serve and file a supplemental record containing certain material.

Upon the papers filed in support of the motion and the cross-motion and the papers filed in opposition 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 cross-motion is granted, and on or before December 5, 2025, the appellant shall serve and file a supplemental record containing the parties' pleadings, via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the supplemental record and upload a digital copy of the supplemental 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 January 5, 2026, 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.

DUFFY, J.P., WOOTEN, HOM and GOLDBERG VELAZQUEZ, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court