Appellate Division: Second Judicial Department

M274912

E/sl

WILLIAM F. MASTRO, A.P.J.

REINALDO E. RIVERA

ROBERT J. MILLER

COLLEEN D. DUFFY, JJ.

2020-02890, 2020-04706 Eric Keefer, respondent, v Pamela Keefer, appellant. (Index No. 800209/2018)

DECISION & ORDER ON MOTION

Appeals from two orders of the Supreme Court, Nassau County, entered March 3, 2020, and May 8, 2020, respectively. Motion by the respondent, inter alia, to dismiss the appeal from the order entered March 3, 2020, on the ground that no appeal lies from an order denying reargument or on the ground that the order is not appealable as of right and leave to appeal has not been granted, to dismiss the appeal from the order entered May 8, 2020, on the ground that the order is not appealable as of right and leave to appeal has not been granted, and for an award of costs, or, in the alternative, to extend the time to serve and file a brief. Cross motion by the appellant for leave to appeal to this Court from the orders, to actively manage the appeals, and for a preference in the calendaring of the appeals.

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 branches of the motion which are to dismiss the appeal from the order entered March 3, 2020, on the ground that no appeal lies from an order denying reargument and on the ground that the order is not appealable as of right and leave to appeal has not been granted, and the branch of the cross motion which is for leave to appeal from the order entered March 3, 2020, are held in abeyance and referred to the panel of Justices hearing the appeals for determination upon the argument or submission thereof; 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 is granted, the respondent's time to serve and file a brief via NYSCEF is extended until February 16, 2021, and the respondent shall 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; and it is further,

ORDERED that the branch of the cross motion which is to actively manage the appeals is denied as unnecessary as the appeals are currently actively managed; and it is further,

ORDERED that the branch of the cross motion which is for leave to appeal from the order entered May 8, 2020, is denied as unnecessary as that order is appealable as of right (see CPLR 5701); and it is further,

ORDERED that the cross motion is otherwise denied

MASTRO, A.P.J., RIVERA, MILLER and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court