Appellate Division: Second Judicial Department

M285936

CP/jr

BETSY BARROS, J.P.

REINALDO E. RIVERA

LARA J. GENOVESI

JANICE A. TAYLOR, JJ.

2021-09033 In the Matter of John Lepper, appellant, v Village of Babylon, et al., respondents. (Index No. 379/2019)

DECISION & ORDER ON MOTION

2022-05581

In the Matter of John Lepper, appellant,

v Village of Babylon, et al., respondents.

(Index No. 379/2019)

Appeals from two orders of the Supreme Court, Suffolk County, dated October 26, 2021, and April 11, 2022, respectively. Motion by the appellant for a preference in the calendaring of the appeal from the order dated April 11, 2022. Separate motion by the respondent, inter alia, to calendar the appeals together and to extend the time to serve and file a respondent's brief on the appeal from the order dated October 26, 2021.

Upon the papers filed in support of the motion by the appellant and the papers filed in relation thereto, and upon the papers filed in support of the motion by the respondent and the papers filed in opposition thereto, it is

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

ORDERED that the branch of the motion by the respondent which is to calendar the appeals together is granted, and the appeals will be calendared together and will be argued or submitted on the same date; and it is further,

ORDERED that the branch of the motion by the respondent which is to extend the time to serve and file the respondent's brief on the appeal from the order dated October 26, 2021, is granted, and on or before December 16, 2022, the respondent shall serve and file the respondent's brief on the appeal from the order dated October 26, 2021, 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 on the Court's own motion, the respondent's time to serve and file a brief on the appeal from the order dated April 11, 2022, is extended, and on or before December 16, 2022, the respondent shall serve and file the respondent's brief on the appeal from the order dated April 11, 2022, 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 by the respondent is otherwise denied.

BARROS, J.P., RIVERA, GENOVESI and TAYLOR, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court