Appellate Division: Second Judicial Department

M277446

E/sl

REINALDO E. RIVERA, J.P.

LEONARD B. AUSTIN

COLLEEN D. DUFFY

BETSY BARROS, JJ.

2020-07015 VCVAWCJ-Doe, plaintiff-respondent, v Roman Catholic Archdiocese of New York, appellant, Church of Immaculate Heart of Mary, etc., et al., defendants-respondents. (Westchester County Index No. 51608/2020)

DECISION & ORDER ON MOTION

Appeal by Roman Catholic Archdiocese of New York from an order of the Supreme Court, Nassau County (CVA-R Part), dated August 20, 2020. Motion by the plaintiff-respondent to dismiss the appeal 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 for leave appeal from the order.

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 cross motion and the papers filed in opposition and in relation thereto, it is

ORDERED that the branch of the motion which is to dismiss the appeal and the cross motion are 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 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