Appellate Division: Second Judicial Department

M310721

DB/

BETSY BARROS, J.P.

VALERIE BRATHWAITE NELSON

BARRY E. WARHIT

ELENA GOLDBERG VALEZQUEZ, JJ.

2025-03381, 2025-09117 Matter of 4720 Avenue Inc., respondent, v County of Nassau, appellant. (Appeal No. 1) Matter of 4720 Avenue Inc., respondent-appellant, v County of Nassau, appellant-respondent. (Appeal No. 2) (Index No. 621841/2024)

DECISION AND ORDER ON MOTION

Appeal from an order of the Supreme Court, Nassau County, dated February 7, 2025, and appeal and cross-appeal from an order of the same court dated July 1, 2025. Motion by 4720 Avenue Inc. to dismiss the appeals on the ground that the joint record is inadequate or, in the alternative, to compel County of Nassau to serve and file a supplemental joint record containing certain material and to extend the time to serve and file a brief. Cross-motion by County of Nassau, in effect, for leave to serve and file a supplemental joint record containing certain material and to compel 4720 Avenue Inc. to pay one-half of the cost of preparing the joint record.

Upon the papers filed in support of the motion and cross-motion, and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion which is to dismiss the appeals is denied; and it is further,

ORDERED that the branch of the motion which is to compel County of Nassau to serve and file a supplemental joint record containing certain material, and the branch of the cross-motion which is, in effect, for leave to serve and file a supplemental joint record containing certain material, is granted, and on or before February 17, 2026, County of Nassau shall serve and file a supplemental joint record containing the transcript of the proceedings which occurred on March 27, 2025, via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the supplemental joint record and upload a digital copy of the supplemental joint 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 March 19, 2026, 4720 Avenue Inc. shall serve and file its brief, including the points of argument on the cross-appeal (see 22 NYCRR 1250.9[f][1][iv]), via NYSCEF, if applicable, or if NYSCEF is not mandated, serve the brief and upload a digital copy of the answering brief, with proof of service thereof, through the digital portal on this Court's website; and it is further,

ORDERED that the branch of the cross-motion which is to compel 4720 Avenue Inc. to pay one-half the costs of preparing the joint record is denied without prejudice to renew after 4720 Avenue Inc. has served and filed a brief, including the points of argument on the cross-appeal (see 22 NYCRR 1250.9[f][1][ii], [iv]).

BARROS, J.P., BRATHWAITE NELSON, WARHIT and GOLDBERG VELAZQUEZ, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court