Appellate Division: Second Judicial Department

M285387

MB/

COLLEEN D. DUFFY, J.P.

REINALDO E. RIVERA

DEBORAH A. DOWLING

JANICE A. TAYLOR, JJ.

2022-00747 David Fasasi, etc., et al., appellants, v Vision Pro Corp., et al., respondents. (Index No. 502027/2014)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Kings County, dated January 5, 2022. Motion by the respondents to dismiss the appeal pursuant to Bray v Cox (38 NY2d 350). Separate motion by the respondents to extend the time to serve and file a brief. Motion by the appellants for leave to serve and file a supplemental appendix containing certain material.

Upon the papers filed in support of the motion to dismiss the appeal and the papers filed in opposition thereto, and upon the papers filed in support of the motion to extend the time to serve and file a brief and the motion for leave to file a supplemental appendix and no papers having been filed in opposition or in relation 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 motion to extend the time to serve and file a brief is granted, and on or before November 14, 2022, the respondents shall 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 the motion for leave to serve and file a supplemental appendix is denied, with leave to renew within 30 days of the date of this decision and order on motion, upon proper papers, including a proposed supplemental appendix.

DUFFY, J.P., RIVERA, DOWLING and TAYLOR, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court