Appellate Division: Second Judicial Department

M278566

E/sl

COLLEEN D. DUFFY, J.P.

ANGELA G. IANNACCI

LINDA CHRISTOPHER

WILLIAM G. FORD, JJ.

2020-04803 Bruce Hershfield, et al., appellants-respondents, v Jonathan Davidoff, respondent-appellant, Stefanie Davidoff, respondent. (Index No. 65964/2018)

DECISION & ORDER ON MOTION

Appeal and cross appeal from an order of the Supreme Court, Westchester County, dated April 30, 2020. Motion by the respondent-appellant to dismiss the appeal on the ground that the joint record contains memoranda of law and to extend the time to serve and file a brief. Application by the respondent-appellant pursuant to 22 NYCRR 1250.9(g)(1) to extend the time to serve and file a brief. By order to show cause dated May 19, 2021, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal and cross appeal on the ground that no appeal lies from a decision, and the respondent-appellant's motion and the application were held in abeyance in the interim.

Now, upon the order to show cause and the papers filed in response thereto, upon the papers filed in support of the respondent-appellant's 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 motion to dismiss the appeal and cross appeal on the ground that no appeal lies from a decision is denied; and it is further,

ORDERED that the branch of the respondent-appellant's motion which is to dismiss the appeal is denied; and it is further,

ORDERED that the branch of the respondent-appellant's motion which is to extend the time to serve and file a brief and the application for that relief are granted, and on or before September 9, 2021, the respondent-appellant shall serve and file the respondent-appellant's 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 brief and upload a digital copy of the brief, with proof of service thereof, through the digital portal on this Court's website.

DUFFY, J.P., IANNACCI, CHRISTOPHER and FORD, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court