Appellate Division: Second Judicial Department

M276953

MB/

REINALDO E. RIVERA, J.P.

CHERYL E. CHAMBERS

BETSY BARROS

FRANCESCA E. CONNOLLY, JJ.

2020-06474 Reisa Forster, appellant, v 38 West 26th Street Restaurant Corp., etc., respondent, et al., defendants. (Index No. 611267/2017)

DECISION & ORDER ON MOTION

2021-01367

Reisa Forster, appellant,

v 38 West 26th Street Restaurant Corp., etc.,

et al., respondents.

(Index No. 611267/2017)

Appeals from two orders of the Supreme Court, Suffolk County, dated July 28, 2020, and February 11, 2021, respectively. Motion by the respondent to dismiss the appeal from the order dated July 28, 2020, as academic, or in the alternative, to extend the time to serve and file a brief on that appeal. Cross motion by the appellant to consolidate the appeals.

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

ORDERED that the branch of the motion which is to dismiss the appeal from the order dated July 28, 2020, as academic, 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 on appeal from the order dated July 28, 2020, via NYSCEF is extended until June 4, 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 cross motion is denied; and it is further,

ORDERED that on the Court's own motion, the appeals will be calendared together and will be argued or submitted on the same date.

RIVERA, J.P., CHAMBERS, BARROS and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court