Appellate Division: Second Judicial Department

M261366

E/mm

LEONARD B. AUSTIN, J.P.

BETSY BARROS

FRANCESCA E. CONNOLLY

ANGELA G. IANNACCI, JJ.

2018-07499 Jaqueline Kadanoff, et al., respondents, v Michael B. Whitlow, etc., appellant, et al., defendant. (Index No. 507798/13)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Supreme Court, Kings County, dated April 23, 2018, for leave to reargue his prior motion to stay all proceedings in the above-entitled action, including the trial, which was determined by decision and order on motion of this Court dated January 25, 2019. Separate motion by the respondents for leave to reargue their prior motion to extend the time to serve and file a brief, which also was determined by the decision and order on motion of this Court dated January 25, 2019.

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

ORDERED that the motions are granted, upon reargument, the decision and order on motion of this Court dated January 25, 2019, is recalled and vacated; and it is further,

ORDERED the appellant's prior motion is granted and all proceedings in the above-entitled action, including the trial, are stayed pending hearing and determination of the appeal; and it is further,

ORDERED the respondents' prior motion is granted, the respondents' time to serve and file a brief is extended until April 1, 2019, and the respondents' brief shall be served and filed on or before that date; and it is further,

ORDERED that no further extension of time shall be granted.

AUSTIN, J.P., BARROS, CONNOLLY and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court