Opinion
Motion No. 2021-00792 KC
08-17-2022
John Nasrinpay 2, as Assignee of Nelson-Lutchman, Cymone, Appellant, v. Nationwide Affinity Insurance Company of America, Respondent
Unpublished Opinion
MOTION DECISION
THOMAS P. ALIOTTA, P.J. DONNA-MARIE GOLIA CHEREÉ A. BUGGS, JJ.
DECISION & ORDER ON MOTION
Motion by respondent to dismiss an appeal from an order of the Civil Court of the City of New York, Kings County, dated December 2, 2021, or, in the alternative, to direct appellant to serve and file a supplemental record and to enlarge the time to serve and file a respondent's 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 seeking to dismiss the appeal is denied; and it is further, ORDERED that the branch of the motion seeking to direct appellant to serve and file a supplemental record to include defendant-respondent's affirmation in opposition to plaintiff-appellant's cross motion for summary judgment is granted, and appellant shall file the supplemental record within 10 days of the date of this decision and order on motion; and it is further, ORDERED that the branch of the motion seeking an enlargement of time to serve and file a respondent's brief is granted, and the respondent's brief shall be served and filed within 10 days of the date that the supplemental record is due to be filed pursuant to this decision and order; and it is further, ORDERED that appellant, if it be so advised, may serve and file a reply brief within 7 days of the date that respondent's brief is served and filed.