Appellate Division: Second Judicial Department

M281298

MB/

BETSY BARROS, J.P.

REINALDO E. RIVERA

PAUL WOOTEN

WILLIAM G. FORD, JJ.

2020-07710, 2020-07711 US Bank, etc., respondent, v Mohammad Nur, et al., defendants, Jefferson & Sons, LLC, appellant; Eleven Forty, Inc., nonparty-appellant. (Index No. 517399/2017)

DECISION & ORDER ON MOTION

Appeals from two orders of the Supreme Court, Kings County, both dated February 6, 2020. Motion by the respondent to dismiss the appeals on the ground that the appellants are not aggrieved by the orders and, in effect, to dismiss the appeal from a certain portion of the first order dated February 6, 2020, under Appellate Division Docket No. 2020-07710, on the ground that no appeal lies from that portion of that order as a matter of right, and leave to appeal has not been granted, or, in the alternative, to extend the time to serve and file a brief.

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

ORDERED that the branch of the motion which is to dismiss the appeals on the ground that the appellants are not aggrieved by the orders is denied; and it is further,

ORDERED that the branch of the motion which is, in effect, to dismiss a certain portion of the first order dated February 6, 2020, under Appellate Division Docket No. 2020-07710, is held in abeyance and referred to the panel of Justices hearing the appeals for determination upon the argument or submission thereof; and it is further,

ORDERED that the branch of the motion which is to extend the time to serve and file a brief is granted, and on or before March 4, 2022, the respondent shall serve and file the 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.

BARROS, J.P., RIVERA, WOOTEN and FORD, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court