| Torkin v Susac |
| Motion No: 2019-05307 |
| Slip Opinion No: 2020 NY Slip Op 69169(U) |
| Decided on July 27, 2020 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M272125
E/sl
MARK C. DILLON, J.P.
JEFFREY A. COHEN
ROBERT J. MILLER
FRANCESCA E. CONNOLLY, JJ.
|
2019-05307 Michael Torkin, respondent, v Heather Susac, appellant. (Index No. 70488/2017)
| DECISION & ORDER ON MOTION |
2019-08661
Michael Torkin, respondent,
v Heather Susac, appellant.
(Index No. 70488/2017)
Appeals from two orders of the Supreme Court, Westchester County, dated April 5, 2019, and June 21, 2019, respectively. Motion by the respondent to dismiss the appeal from the order dated June 21, 2019, on the grounds that it has been rendered academic or that no appeal lies from an order denying reargument, in effect, to hold that appeal in abeyance pending completion of the trial in the above-entitled action, or to extend the time to serve and file a brief in connection with that appeal. Cross motion by the appellant for leave to reargue her prior motion to stay all proceedings in the above-entitled action, including the trial, pending hearing and determination of appeals, which was determined by decision and order on motion of this Court dated October 7, 2019.
Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to dismiss the appeal from the order dated June 21, 2019, is held in abeyance and referred to the panel of Justices hearing that appeal for determination upon the argument or submission thereof; and it is further,
ORDERED that the branch of the motion which is to hold the appeal from the order dated June 21, 2019, in abeyance pending completion of the trial in the above-entitled action is denied; and it is further,
ORDERED that the branch of the motion which is to extend the respondent's time to serve and file a brief in connection with the appeal from the order dated June 21, 2019, is granted, the respondent's time to serve and file a brief via NYSCEF is extended until August 26, 2020, and the respondent shall file an original and five hard copies of the brief in accordance with any applicable administrative order or other order to be issued by the Court; and it is further,
ORDERED that the cross motion is denied.
DILLON, J.P., COHEN, MILLER and CONNOLLY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court