Appellate Division: Second Judicial Department

M274482

E/sl

CHERYL E. CHAMBERS, J.P.

HECTOR D. LASALLE

BETSY BARROS

LINDA CHRISTOPHER, JJ.

2020-08868 In the Matter of Department of Education of Archdiocese of New York, et al., respondents, v Richard A. Carranza, etc., et al., appellants. (Index No. 85205/2020)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Richmond County, dated November 24, 2020. Motion by the respondents to vacate the automatic stay of enforcement of the order in effect pursuant to CPLR 5519(a).

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

ORDERED that on the Court's own motion, the notice of appeal is treated as an application for leave to appeal from the order dated November 24, 2020, and leave to appeal is granted (see CPLR 5701[b][1],[c]); and it is further,

ORDERED that the motion is denied on condition that the appeal is perfected on or before January 4, 2021; and it is further,

ORDERED that if the appellants do not perfect the appeal on or before January 4, 2021, the Court, on its own motion, may vacate the automatic stay, without further notice, or the respondents may move to vacate the automatic stay, on three days notice; and it is further,

ORDERED that the respondents shall serve and file their brief, if any, via NYSCEF, on or before January 19, 2021, and the respondents shall file an original and five hard copies of the respondents' brief in accordance with any applicable administrative order or other order to be issued by the Court; and it is further,

ORDERED that the appellants shall serve and file their reply brief, if any, via NYSCEF, on or before January 29, 2021, and the appellants shall file an original and five hard copies of the reply brief in accordance with any applicable administrative order or other order to be issued by the Court.

CHAMBERS, J.P., LASALLE, BARROS and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court