Appellate Division: Second Judicial Department

M272987

E/sl

WILLIAM F. MASTRO, J.P.

MARK C. DILLON

JOHN M. LEVENTHAL

LINDA CHRISTOPHER, JJ.

2019-08217 In the Matter of Mark Lew, respondent, v Gail Sobel, appellant. (Index No. 603870/2018)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Nassau County, entered June 24, 2019. Motion by the respondent for a preference in the calendaring of the appeal, to direct the appellant to remove Appellate Division Docket Nos. 2019-06557 and 2019-06558 from the covers of the appellant's appendix and the appellant's brief, to strike Points I, II, and III of the appellant's brief, 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 for a preference in the calendaring of the appeal under Appellate Division Docket No. 2019-08217 is granted and that appeal will be calendared expeditiously after all of the briefs have been filed; and it is further,

ORDERED that the branch of the motion which is to remove Appellate Division Docket Nos. 2019-06557 and 2019-06558 from the covers of the appellant's appendix and the appellant's brief is denied as unnecessary as copies of the appellant's appendix and the appellant's brief filed with the Clerk of this Court in connection with this appeal do not contain Appellate Division Docket Nos. 2019-06557 and 2019-06558; and it is further,

ORDERED that the branch of the motion which is to extend the time to serve and file a brief filed is granted, the respondent's time to serve and file a brief is extended, and on or before October 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 the branch of the motion which is to strike Points I, II, and III of the appellant's brief in connection with the appeal from the order entered June 24, 2019, is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof.

MASTRO, J.P., DILLON, LEVENTHAL and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court