Appellate Division: Second Judicial Department

M312256

DF/

FRANCESCA E. CONNOLLY, J.P.

VALERIE BRATHWAITE NELSON

BARRY E. WARHIT

JAMES P. MCCORMACK, JJ.

2024-11874, 2025-00838 Vito Sclafani, respondent, v Jacqueline Jordan, appellant. (Index No. 717954/2020)

DECISION & ORDER ON MOTION

Appeals from a decision and order (one paper) of the Supreme Court, Queens County, dated October 10, 2024, and a judgment of the same court dated November 6, 2024. Motion by the respondent, inter alia, in effect, to direct the appellant to serve and file a supplemental appendix containing certain material, or, in the alternative, for leave to serve and file a respondent's appendix, 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, in effect, to direct the appellant to serve and file a supplemental appendix containing certain trial exhibits is denied without prejudice to the respondent serving and filing a respondent's appendix (see CPLR 5528[b]; 22 NYCRR 1250.9[c]); and it is further,

ORDERED that the branch of the motion which is, in effect, for leave to serve and file a respondent's appendix is denied as unnecessary (see CPLR 5528[b]; 22 NYCRR 1250.9[c]); 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 April 27, 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; and it is further,

ORDERED that the motion is otherwise denied.

CONNOLLY, J.P., BRATHWAITE NELSON, WARHIT and MCCORMACK, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court