Opinion
Motion No. 2022-04644 Index No. 669/2017
10-16-2023
Robert Flores, respondent-appellant, v. 333 Bayville Ave Restaurant Corp., et al., defendants third-party plaintiffs-appellants-respondents Lad Creative Inc., defendant-respondent, et al., defendant Phil-Mar Inc., third-party defendant-respondent.
Unpublished Opinion
MOTION DECISION
JOSEPH J. MALTESE, J.P., WILLIAM G. FORD, BARRY E. WARHIT, LOURDES M. VENTURA, JJ.
DECISION & ORDER ON MOTION
Appeal and cross-appeal from an order of the Supreme Court, Nassau County, dated May 11, 2022. Motion by the respondent-appellant to dismiss the appeal on the ground that the joint appendix is inadequate or, in the alternative, for leave to serve and file a supplemental joint appendix containing certain material, and, in effect, to extend the time to serve and file an answering 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 for leave to serve and file a supplemental joint appendix is granted, and on or before November 15, 2023, the respondent-appellant shall serve and file a supplemental joint appendix containing exhibits G and R to the motion of the defendants third-party plaintiffs-appellants-respondents dated September 20, 2021, via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the supplemental joint appendix and upload a digital copy of the supplemental joint appendix, 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, in effect, to extend the time to serve and file an answering brief is granted, and on or before November 15, 2023, the respondent-appellant shall serve and file its answering 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 answering brief and upload a digital copy of the answering brief, with proof of service thereof, through the digital portal on this Court's website.
MALTESE, J.P., FORD, WARHIT and VENTURA, JJ., concur.