Appellate Division: Second Judicial Department

M263325

E/mm

ALAN D. SCHEINKMAN, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

2008-04403, 2009-00616 Congregation Yetev Lev D'Satmar, Inc., et al., respondents, v Nachman Brach, Inc., et al., appellants, et al., defendants. (Index No. 13224/90)

DECISION & ORDER ON MOTION

Appeals from two orders of the Supreme Court, Kings County, dated April 1, 2008, and September 10, 2008, respectively. In September 2009, this Court was notified that the appellants' counsel had died.

On the Court's own motion, it is

ORDERED that pursuant to CPLR 321 all proceedings in the above-entitled appeals are stayed until July 11, 2019; and it is further,

ORDERED that on or before July 12, 2019, the appellant Nachman Brach, Inc., shall retain counsel and counsel shall file a notice of appearance on its behalf; and it is further,

ORDERED that on or before July 12, 2019, the appellant Nachman Brach shall either advise this Court, in writing, that he is proceeding pro se, or retain counsel and counsel shall file a notice of appearance on his behalf; and it is further,

ORDERED that in the event that either appellant does not comply with the foregoing provisions, the Court shall dismiss that appellant's appeal, without further notice; and it is further,

ORDERED that the Clerk of the Court, or her designee, shall serve a copy of this decision and order on motion upon Tenenbaum & Berger, LLP, counsel of record for the respondents, upon Nachman Brach and Nachman Brach, Inc., c/o Geoffrey S. Hersko, 136b Cedarhurst Avenue, Suite 15, Cedarhurst, NY 11516, and upon Nachman Brach, Inc., 485 Kent Avenue, Brooklyn, NY 11211.

SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court