Appellate Division: Second Judicial Department

M303347

AFA/

BETSY BARROS, J.P.

LILLIAN WAN

DONNA-MARIE E. GOLIA

JAMES P. MCCORMACK, JJ.

2023-09077 Harry Dorvilier, appellant, v Meissner, Kleinberg & Finkel, LLP, et al., respondents. (Index No. 710958/2023)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Queens County, dated June 30, 2023. Motion by the respondents, in effect, to strike the record on the ground that it is inadequate, to compel the appellant to serve and file a replacement record containing certain material, and to extend the time to serve and file a brief.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branches of the motion which are, in effect, to strike the appellant's record and to compel the appellant to serve and file a replacement record containing certain material are granted to the extent that, on or before April 7, 2025, the appellant shall serve and file, via NYSCEF, a supplemental record containing a complete copy of the transcript dated August 11, 2014, and the papers filed in connection with the appellant's amended notice of motion to amend the complaint dated April 14, 2023, and those branches of the motion are otherwise denied; 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 May 7, 2025, 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.

BARROS, J.P., WAN, GOLIA and MCCORMACK, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court