Appellate Division: Second Judicial Department

M272400

MB/

CHERYL E. CHAMBERS, J.P.

JEFFREY A. COHEN

FRANCESCA E. CONNOLLY

VALERIE BRATHWAITE NELSON, JJ.

2019-09782, 2019-09783 Charles Scott Harding, respondent, v Wojciech Czmielewski, et al., appellants. (Index No. 500105/2017)

DECISION & ORDER ON MOTION

Appeals from an order of the Supreme Court, Kings County, dated February 27, 2019, and an interlocutory judgment of the same court, entered July 17, 2019. Motion by the respondent, inter alia, to dismiss the appeal from the order on the ground that it has been rendered academic, or, in the alternative, to enlarge the record to include a certain amended complaint and order of the Supreme Court, Kings County, dated February 13, 2020, and to extend the time to serve and file a brief.

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

ORDERED that the branch of the motion which is to dismiss the appeal on the ground that it has been rendered academic is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon argument or submission thereof; 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, the respondent's time to serve and file a brief is extended, and on or before September 14, 2020, the respondent shall serve the respondent's brief and upload a digital copy of the respondent's brief, with proof of service thereof, through the digital portal on this Court's website, and file an original and five hard copies of the respondent's brief in accordance with any applicable administrative order or other order to be issued by the Court; and it is further,

ORDERED that no further extension of time shall be granted; and it is further,

ORDERED that the motion is otherwise denied.

CHAMBERS, J.P., COHEN, CONNOLLY and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court