Appellate Division: Second Judicial Department

M309292

AFA/

VALERIE BRATHWAITE NELSON, J.P.

HELEN VOUTSINAS

JANICE A. TAYLOR

DONNA-MARIE E. GOLIA, JJ.

2024-11617 Ronald A. Nimkoff, appellant, v Joseph A. Lo Piccolo, et al., respondents. (Index No. 886/2022)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Nassau County, dated July 12, 2024. Motion by the appellant, inter alia, for leave to serve and file a supplemental record containing certain material and to extend the time to serve and file a reply 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 for leave to serve and file a supplemental record is granted, and on or before December 12, 2025, the appellant shall serve and file a supplemental record containing the appellant's memorandum of law dated September 8, 2023, submitted in opposition to the respondents' motion that resulted in the order dated July 12, 2024, 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 reply brief is granted, and on or before December 12, 2025, the appellant shall serve and file the reply brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the reply brief and upload a digital copy of the reply brief, with proof of service thereof, through the digital portal on this Court's website; and it is further,

ORDERED that the motion is otherwise denied.

BRATHWAITE NELSON, J.P., VOUTSINAS, TAYLOR and GOLIA, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court