| Musso v OTR Media Group, Inc. |
| Motion No: 2024-10983 |
| Slip Opinion No: 2025 NY Slip Op 80618(U) |
| Decided on November 17, 2025 |
| Appellate Division, Second 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. |
Appellate Division: Second Judicial Department
M309410
AFA/
CHERYL E. CHAMBERS, J.P.
PAUL WOOTEN
LOURDES M. VENTURA
ELENA GOLDBERG VELAZQUEZ, JJ.
|
2024-10983 Robert J. Musso, etc., respondent, v OTR Media Group, Inc., et al., appellants, et al., defendants. (Index No. 523025/2018)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Kings County, dated September 24, 2024. Motion by the respondent to dismiss the appeal on the ground that no appeal lies from an order, in effect, denying reargument and on the ground that the record is inadequate, or, in the alternative, to direct the appellant to serve and file a supplemental record containing certain material, and to extend the time to serve and file a 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 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 record containing certain material is granted, and on or before December 17, 2025, the appellant shall serve and file a supplemental record containing Supreme Court NYSCEF Document Nos. 27, 31, 36, 37, 39, 46, 48, 55, 57, 60 through 63, 69, 71, 74, 75, 86, 87, 93, 112 through 117, 124, 126 through 132, 142 through 146, 159, 161, and 168 through 221, 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 16, 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.
CHAMBERS, J.P., WOOTEN, VENTURA and GOLDBERG VELAZQUEZ, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court