Appellate Division: Second Judicial Department

M278154

MB/

LEONARD B. AUSTIN, J.P.

COLLEEN D. DUFFY

BETSY BARROS

JOSEPH A. ZAYAS, JJ.

2020-07894 In the Matter of Rena Pachter, etc., respondent-appell v David Winiarsky, et al., appellants-respondents, et respondents. (Docket No. 502779/2020)

DECISION & ORDER ON MOTION ant, al.,

Appeal and cross appeal from an order of the Supreme Court, Kings County, dated October 13, 2020. Motion by the respondent-appellant to dismiss the appeal on the ground that it has been rendered academic. Cross motion by the appellants-respondents to impose sanctions upon the respondent-appellant and the respondent-appellant's counsel.

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

ORDERED that the motion 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 cross motion is denied; and it is further,

ORDERED that on the Court's own motion, the respondent-appellant's time to serve and file an answering brief is extended, and on or before August 13, 2021, the respondent-appellant shall serve and file the respondent-appellant's answering brief, including the points of argument on the cross appeal (see 22 NYCRR 1250.9[f][1][iv]) via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the answering brief and upload a digital copy of the answering brief, with proof of service thereof, through the digital portal on this Court's website.

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

ENTER:

Aprilanne Agostino

Clerk of the Court