Appellate Division: Second Judicial Department

M280901

E/sl

COLLEEN D. DUFFY, J.P.

CHERYL E. CHAMBERS

SHERI S. ROMAN

LINDA CHRISTOPHER, JJ.

2020-07701 Leonard Scarola, etc., et al., respondents, v Lawrence Bernard, etc., et al., appellants, et al., defendant. (Index No. 612520/2017)

DECISION & ORDER ON MOTION

Appeal from an amended order of the Supreme Court, Suffolk County, dated October 2, 2020. Motion by the respondents, inter alia, to dismiss the appeal on the ground that the record is inadequate, to direct the appellants to serve and file a supplemental record, and for an award of an attorney's fee and costs. By order to show cause dated September 1, 2021, the parties to the appeal were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal on the ground that no appeal lies as of right from an order that is not the result of a motion made on notice and leave to appeal has not been granted (see CPLR 5701), and the respondents' motion was held in abeyance in the interim.

Upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the respondents' motion and the papers filed in opposition thereto, it is

ORDERED that the motion to dismiss the appeal and the respondents' 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 on the Court's own motion, the respondents' time to serve and file a brief is extended and on or before February 9, 2022, 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.

DUFFY, J.P., CHAMBERS, ROMAN and CHRISTOPHER, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court