Appellate Division: Second Judicial Department

M284380

MB/

COLLEEN D. DUFFY, J.P.

SHERI S. ROMAN

BARRY E. WARHIT

JANICE A. TAYLOR, JJ.

2021-03160 Shaul Kopelowitz, respondent, v Toby Moskovitz, et al., appellants. (Index No. 527036/2019)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Kings County, dated March 18, 2021. Motion by the respondent to dismiss the appeal pursuant to Bray v Cox (38 NY2d 350). Application by the respondent to extend the time to serve and file a brief. Motion by the appellants to stay all proceedings in the above-entitled action, including enforcement of a certain judgment by confession filed in the office of the County Clerk, Kings County on December 16, 2019, pending hearing and determination of the appeal.

Upon the papers filed in support of the respondent's motion and application and no papers having been filed in opposition or in relation thereto, and upon the papers filed in support of the appellants' motion and the papers filed in opposition thereto, it is

ORDERED that the motion to dismiss the appeal 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 application is granted, and on or before September 9, 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 motion to stay all proceedings in the above-entitled action pending hearing and determination of the appeal is denied.

DUFFY, J.P., ROMAN, WARHIT and TAYLOR, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court