Appellate Division: Second Judicial Department

M283911

MB/

VALERIE BRATHWAITE NELSON, J.P.

SHERI S. ROMAN

BARRY E. WARHIT

LILLIAN WAN, JJ.

2020-01157 Jose Luis Simon, et al., appellants-respondents, v Menachem Moshie Goldenberg, et al., respondents-appellants. (Index No. 506903/2016)

DECISION & ORDER ON MOTION

Appeal and cross appeal from an order of the Supreme Court, Kings County, dated December 19, 2019. The cross appeal was deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by Menachem Moshie Goldenberg and Sidney Shea Goldenberg, in effect, pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the cross appeal 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, in effect, pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the cross appeal is denied; and it is further,

ORDERED that the branch of the motion which is, in effect, to extend the time to serve and file a brief is granted to the extent that Menachem Moshie Goldenberg and Sidney Shea Goldenberg may file a brief responding to the arguments raised in the appellants-respondents' brief, and on or before August 12, 2022, Menachem Moshie Goldenberg and Sidney Shea Goldenberg serve and file the 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; and it is further,

ORDERED that no further extension of time shall be granted.

BRATHWAITE NELSON, J.P., ROMAN, WARHIT and WAN, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court