Appellate Division: Second Judicial Department

M277448

E/sl

REINALDO E. RIVERA, J.P.

LEONARD B. AUSTIN

COLLEEN D. DUFFY

BETSY BARROS, JJ.

2020-07017 Daniel Fagan, plaintiff-respondent, v Roman Catholic Archdiocese of New York, et al., appellants, Edwin Gaynor, defendant-responde (Westchester County Index No. 69030/2019)

DECISION & ORDER ON MOTION nt.

Appeal by Roman Catholic Archdiocese of New York, and separate appeal by Church of Immaculate Heart of Mary, from an order of the Supreme Court, Nassau County (CVA-R Part), dated August 20, 2020. Motion by the plaintiff-respondent to dismiss the appeals on the ground that no appeal lies as of right from an order that refuses to strike scandalous or prejudicial matter from a pleading (see CPLR 5701[b][3]), and leave to appeal has not been granted, or, in the alternative, to extend the time to serve and file a brief. Cross motion by the appellant Roman Catholic Archdiocese of New York, and separate cross motion by the appellant Church of Immaculate Heart of Mary, for leave appeal from the order.

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

ORDERED that the branch of the motion which is to dismiss the appeals and the cross motions 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 plaintiff-respondent's time to serve and file a brief is granted, and on or before July 2, 2021, the plaintiff-respondent shall serve and file the plaintiff-respondent's brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the brief and upload a digital copy of the brief, with proof of service thereof, through the digital portal on this Court's website.

RIVERA, J.P., AUSTIN, DUFFY and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court