Appellate Division: Second Judicial Department

M284246

MB/

BETSY BARROS, J.P.

CHERYL E. CHAMBERS

JOSEPH A. ZAYAS

LARA J. GENOVESI, JJ.

2020-02544 Olga Malicki, et al., respondents, v David Gladshyeyn, defendant, Kwok Leng Wun, appellant (and a third-party action). (Index No. 522955/2017)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Kings County, dated November 6, 2019. Motion by the respondents to dismiss the appeal on the grounds that it was untimely taken and that the appellant failed to properly serve the appellant's brief. Cross motion by the appellant for a preference in the calendering of the appeal.

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

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

ORDERED that on the Court's own motion, the respondents' time to serve and file a brief is extended, and on or before September 2, 2022, the respondents may serve and file the respondents' 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.

BARROS, J.P., CHAMBERS, ZAYAS and GENOVESI, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court