Appellate Division: Second Judicial Department

M309300

AFA/

ANGELA G. IANNACCI, J.P.

BARRY E. WARHIT

CARL J. LANDICINO

JAMES P. MCCORMACK, JJ.

2024-13266 In the Matter of Joseph DeFonce, appellant, v Village of Port Chester, respondent. (Index No. 65203/2024)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Westchester County, dated September 30, 2024. Motion by the respondent, in effect, to enlarge the record to include certain material, or, in the alternative, to direct the appellant to serve and file a replacement record containing certain material, and to extend the time to serve and file a brief.

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

ORDERED that the branch of the motion which is to enlarge the record is denied as unnecessary; and it is further,

ORDERED that the branch of the motion which is to direct the appellant to serve and file a replacement record is granted, and on or before December 12, 2025, the appellant shall serve and file a supplemental record containing Supreme Court NYSCEF Document Nos. 18 and 19, 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 on or before January 12, 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.

IANNACCI, J.P., WARHIT, LANDICINO and MCCORMACK, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court