Appellate Division: Second Judicial Department

M284141

AFA/

BETSY BARROS, J.P.

CHERYL E. CHAMBERS

HELEN VOUTSINAS

LILLIAN WAN, JJ.

2021-04533 Fradie Katz, respondent, v Camp Bnoseinu, etc., appellant. (Index No. 12012/2012)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Kings County, dated May 25, 2021. Motion by the appellant to stay the trial in the above-entitled action, pending hearing and determination of the appeal. Cross motion by the respondent to dismiss the appeal on the ground that the record and appellant's brief were not properly served upon the respondent or, in the alternative, to extend the time to serve and file a brief.

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

ORDERED that the motion is denied; and it is further,

ORDERED that the branch of the cross motion which is to extend the time to serve and file a brief is granted, and on or before August 26, 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; and it is further,

ORDERED that the cross motion is otherwise denied.

BARROS, J.P., CHAMBERS, VOUTSINAS and WAN, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court