Appellate Division: Second Judicial Department

M277854

MB/

WILLIAM F. MASTRO, J.P.

COLLEEN D. DUFFY

VALERIE BRATHWAITE NELSON

LARA J. GENOVESI

DEBORAH A. DOWLING, JJ.

2020-03496 Jamed Postiglione, et al., respondents, v Sacks & Sacks, LLP, et al., appellants. (Index No. 513779/2019)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Kings County, dated April 17, 2020. Motion by the respondents to dismiss the appeal on the ground that it has been rendered academic and to impose a sanction upon the appellants in the form of costs and an attorney's fee. Separate motion by the respondents to extend the time to serve and file a brief.

Upon the papers filed in support of the motion, inter alia, to dismiss the appeal and the papers filed in opposition thereto, and upon the papers filed in support of the motion to extend the time to serve and file a brief and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion to dismiss the appeal and to impose a sanction upon the appellants in the form of costs and an attorney's fee 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 motion to extend the time to serve and file a brief is granted, and on or before July 26, 2021, the respondents shall serve and file the respondents' 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.

MASTRO, J.P., DUFFY, BRATHWAITE NELSON, GENOVESI and DOWLING, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court