Opinion
Motion No 2022-01759 Index No. 706430/2021
01-13-2023
Accesslex Institute, etc., appellant, v. O-Sun Lee, respondent.
Unpublished Opinion
MOTION DECISION
M286830
AFA/DECISION & ORDER ON MOTION
MARK C. DILLON, J.P. FRANCESCA E. CONNOLLY PAUL WOOTEN LARA J. GENOVESI, JJ.
Appeal from an order of the Supreme Court, Queens County, dated February 9, 2022. Motion by the respondent to dismiss the appeal, inter alia, for failure to timely perfect the appeal and on the ground that the appellant failed to properly settle the transcript of the proceedings which occurred on February 8, 2022, and for an award of costs and to impose sanctions upon the appellant and its counsel.
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 on the ground that the appellant failed to properly settle the transcript of the proceedings which occurred on February 8, 2022, is denied on the condition that on or before February 14, 2023, the appellant settle the transcript of the proceedings which occurred on February 8, 2022, and serve and file, via NYSCEF, a replacement record containing a properly settled transcript of the proceedings which occurred on February 8, 2022, any errata sheets, and an affirmation, certification, stipulation, or order settling the transcript pursuant to CPLR 5525; and it is further, ORDERED that the motion is otherwise denied; and it is further, ORDERED that on the Court's own motion, the respondent's time to serve and file a brief is extended, and on or before March 16, 2023, 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.
DILLON, J.P., CONNOLLY, WOOTEN and GENOVESI, JJ., concur.