Appellate Division: Second Judicial Department

M268995

kbp/

JOHN M. LEVENTHAL, J.P.

JOSEPH J. MALTESE

COLLEEN D. DUFFY

LINDA CHRISTOPHER, JJ.

2019-08723 PS Finance, LLC, respondent, v Eureka Woodworks, Inc., defendant, Parker Law Firm, Ltd., et al., appellants. (Index No. 150833/17)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Richmond County, dated December 14, 2017, on the ground that the order is not appealable as of right and leave to appeal has not been granted, or, in the alternative, to extend the time to serve and file a brief and, in effect, to enlarge the record. Separate motion by the appellants to stay a certain arbitration proceeding between the parties, pending hearing and determination of the appeal.

Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is

ORDERED that the branch of the respondent's motion which is to dismiss the appeal is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; and it is further,

ORDERED that the branch of the respondent's motion which is to extend the time to serve and file a brief is granted, the respondent's time to serve and file a brief is extended until February 18, 2020, and the respondent's brief shall be served and filed on or before that date; and it is further,

ORDERED that the respondent's motion is otherwise denied; and it is further,

ORDERED that the appellant's motion is granted and the arbitration proceeding between the parties pending before the American Arbitration Association, under Case No. 01-18-0000-7375, is stayed pending hearing and determination of the appeal.

LEVENTHAL, J.P., MALTESE, DUFFY and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court