Supreme Court of the State of New York, Appellate Division : Second Judicial Department

June 5, 2026

2024-02023, 505845/2019, 2025-05759

Mark C. Dillon, J.P.

Helen Voutsinas

Laurence L. Love

Elena Goldberg Velazquez, JJ.

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DECISION & ORDER ON MOTION

Appeal and cross-appeals from an order of the Supreme Court, Kings County, dated November 29, 2023, and appeal from an order of the same court dated April 30, 2025. The cross-appeals were deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by the respondents-appellants Boro Park Kosher Caterers LLC, J & S Simcha Inc, and Palace Hall to vacate the dismissal of their cross-appeal and to extend the time to serve and file their answering brief.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is granted, the dismissal of the cross-appeal by the respondents-appellants Boro Park Kosher Caterers LLC, J & S Simcha Inc, and Palace Hall pursuant to 22 NYCRR 1250.10(a) is vacated, and on or before July 6, 2026, the respondents-appellants Boro Park Kosher Caterers LLC, J & S Simcha Inc, and Palace Hall shall serve and file their 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 their answering brief and upload a digital copy of their answering brief, with proof of service thereof, through the digital portal on this Court's website; and it is further,

ORDERED that no further extension of time shall be granted to the respondents-appellants Boro Park Kosher Caterers LLC, J & S Simcha Inc, and Palace Hall to serve and file their answering brief.

DILLON, J.P., VOUTSINAS, LOVE and GOLDBERG VELAZQUEZ, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court