PRESENT: WHALEN, P.J., SMITH, PERADOTTO, LINDLEY, AND NEMOYER, JJ.

CA 22-01500

DAVID MILLER AND JAMIE MILLER, PLAINTIFFS-RESPONDENTS, V W SERVICES GROUP, LLC, DEFENDANT. SAFETY NATIONAL CASUALTY CORP., APPELLANT.

Respondents having moved to dismiss the appeal taken herein from an order of the Supreme Court, Onondaga County, entered September 7, 2022, and for other relief,

Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon,

It is hereby ORDERED that the motion insofar as it seeks to dismiss the appeal is denied, and

It is further ORDERED that the motion insofar as it seeks to vacate the automatic stay is denied without prejudice to an application in Supreme Court seeking a determination of whether the executed documents submitted to the court are sufficient to enact the automatic stay pursuant to CPLR 5519 (a) (5), and

It is further ORDERED that the motion insofar as it seeks an order allowing respondents to tender a general release and for other requested relief with respect to settlement proceeds is denied without prejudice and leave to renew any arguments in support of or in opposition to this aspect of the motion in the briefs that remain outstanding and at oral argument, and

It is further ORDERED the motion insofar as it seeks an extension of time to file the respondents' brief is granted on the condition that the brief is filed and served in accordance with this Court's rules on or before December 28, 2022.

Entered: November 29, 2022

Ann Dillon Flynn

Clerk of the Court