Appellate Division: Second Judicial Department

M282485

MB/

HECTOR D. LASALLE, P.J.

SHERI S. ROMAN

LINDA CHRISTOPHER

DEBORAH A. DOWLING, JJ.

2021-03546 Yoel Goldman, appellant, v Rose Castle Redevelopment II, LLC, et al., defendants, Flushing & Little Nassau, LLC, respondent. (Index No. 510224/2021)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Kings County, dated May 18, 2021. Motion by the respondent to dismiss the appeal on the ground that it has been rendered academic, or in the alternative, to hold the appeal in abeyance pending hearing and determination of a related appeal pending under Appellate Division Docket No. 2021-07924, and 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 appeal on the ground that it has been rendered academic 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 branch of the motion which is to hold the appeal in abeyance pending hearing and determination of the related appeal pending under Appellate Division Docket No. 2021-07924, is denied; 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 May 18, 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.

LASALLE, P.J., ROMAN, CHRISTOPHER and DOWLING, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court