Hussaini v Hussaini
Motion No: 2020-05933
Slip Opinion No: 2021 NY Slip Op 65634(U)
Decided on May 5, 2021
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M276969

E/sl

REINALDO E. RIVERA, J.P.

CHERYL E. CHAMBERS

BETSY BARROS

FRANCESCA E. CONNOLLY, JJ.

2020-05933

Batool M. Hussaini, respondent,

v Syed Moinuddin Hussaini, appellant.

(Index No. 707985/2020)

DECISION & ORDER ON MOTION

2021-01368

In the Matter of Batool M. Hussaini, respondent,

v Syed Moinuddin Hussaini, appellant.

(Index No. 709671/2019)

Appeals from two orders of the Supreme Court, Queens County, entered July 14, 2020, and February 2, 2021, respectively. Motion by Syed Moinuddin Hussaini, inter alia, for leave to appeal to this Court from so much of the order dated February 2, 2021, as denied his motion for summary judgment, to stay all proceedings in the above-entitled matters, pending hearing and determination of the appeals, and to consolidate the appeals. Application by the respondent pursuant to 22 NYCRR 1250.9(g)(1) to extend the time to serve and file a brief in connection with the appeal from the order entered July 14, 2020.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branch of the motion which is for leave to appeal is denied as unnecessary as so much of the order dated February 2, 2021, as denied Syed Moinuddin Hussaini's motion for summary judgment is appealable as of right (see CPLR 5701); and it is further,

ORDERED that the motion is otherwise 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; and it is further,

ORDERED that the application is granted, the respondent's time to serve and file a brief via NYSCEF in connection with the appeal from the order entered July 14, 2020, is extended until June 4, 2021, and the respondent shall serve 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.

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

ENTER:

Aprilanne Agostino

Clerk of the Court