Opinion
2020-09757 Index 1518/2019
10-27-2021
In the Matter of Alicia Boyd, et al., respondents, v. Laurie Cumbo, etc., et al., appellants.
M279816 E/afa
CHERYL E. CHAMBERS, J.P., ROBERT J. MILLER, ANGELA G. IANNACCI, WILLIAM G. FORD, JJ.
DECISION & ORDER ON MOTION
Appeals from a judgment of the Supreme Court, Kings County, dated December 8, 2020. Motion by the respondents to dismiss the appeals on the ground that the joint record and supplemental joint record are inadequate. Cross motion by the appellants Laurie Cumbo, Winston R. Von Engle, Department of City Planning of City of New York, New York City Planning Commission, Marisa Lago, New York City Department of Buildings, and City of New York, in effect, to preclude the respondents from filing a brief. Application by the respondents pursuant to 22 NYCRR 1250.9(g)(1) 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, upon the papers filed in support of the cross motion and no papers having been filed in opposition or in relation thereto, and upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that the motion is granted to the extent that on or before November 29, 2021, the appellants are directed to serve and file a second supplemental joint record containing the transcripts of the proceedings which occurred on April 16, 2019, and January 13, 2020, and Exhibit DDD.2 to the affirmation of Alicia Boyd dated February 3, 2020; the appellants shall serve and file the second supplemental joint record via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the second supplemental joint record and upload a digital copy of the second supplemental joint record, 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; and it is further,
ORDERED that the cross motion and the application are denied; and it is further, ORDERED that on the Court's own motion, the time to serve and file a respondents' brief is extended, and on or before January 12, 2022, the respondents shall serve and file the respondents' 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 no further extension of time shall be granted.
CHAMBERS, JP, MILLER, IANNACCI and FORD, JJ, concur