Appellate Division: Second Judicial Department

M274296

MB/

MARK C. DILLON, J.P.

CHERYL E. CHAMBERS

HECTOR D. LASALLE

ANGELA G. IANNACCI, JJ.

2020-01441 Robert Thomas, respondent, v Rita Gray, appellant. (Index No. 29491/2008)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Kings County, dated September 12, 2019. Motion by the respondent, inter alia, to dismiss the appeal on the ground that no appeal lies from an order denying reargument, or, in the alternative, 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 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 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 December 28, 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 motion is otherwise denied.

DILLON, J.P., CHAMBERS, LASALLE and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court