Appellate Division: Second Judicial Department

M283724

MB/

COLLEEN D. DUFFY, J.P.

VALERIE BRATHWAITE NELSON

PAUL WOOTEN

JOSEPH A. ZAYAS, JJ.

2021-00414 Janet Bruce, respondent-appellant, v Sanford Solny, et al., appellants-respondents. (Index No. 510162/2020)

DECISION & ORDER ON MOTION

Appeals and cross appeal from an order of the Supreme Court, Kings County, dated December 8, 2020. Motion by the respondent-appellant to dismiss the appeals on the ground that they have been rendered academic or, in the alternative, to enlarge the record and to extend the time to serve and file a brief and appendix.

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

ORDERED that the branch motion which is to dismiss the appeals on the ground that they have been rendered academic is held in abeyance and referred to the panel of Justices hearing the appeals and cross appeal for determination upon the argument or submission thereof; and it is further,

ORDERED that the branch of the motion which is to enlarge the record 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 and appendix is granted, and on or before July 29, 2022, 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]), and the respondent-appellant's appendix via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the brief and the respondent-appellant's appendix and upload a digital copy of the brief and the respondent-appellant's appendix, with proof of service thereof, through the digital portal on this Court's website.

DUFFY, J.P., BRATHWAITE NELSON, WOOTEN and ZAYAS, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court