Appellate Division: Second Judicial Department

M287425

AFA/

MARK C. DILLON, J.P.

JOSEPH J. MALTESE

HELEN VOUTSINAS

JANICE A. TAYLOR, JJ.

2022-02436, 2022-04090 Isaac Hersko, etc., respondent, v Barry Hersko, etc., et al., appellants, et al., defendant. (Index No. 520492/2021)

DECISION & ORDER ON MOTION

2022-08741

Isaac Hersko, etc., respondent,

v Barry Hersko, etc., et al., appellants,

et al., defendant.

(Index No. 520492/2021)

2022-09085

Isaac Hersko, etc., respondent,

v Barry Hersko, etc., et al., appellants,

et al., defendant.

(Index No. 520492/2021)

Appeals from four orders of the Supreme Court, Kings County, dated February 23, 2022, April 21, 2022, and two dated October 7, 2022, respectively. Motion by the appellants, inter alia, to stay all proceedings in the above-entitled action pending hearing and determination of the appeals and to dissolve an injunction contained in the order dated February 23, 2022. Motion by the respondent to dismiss the appeal from the order dated February 23, 2022, in effect, on the ground that the order is not appealable as of right and leave to appeal has not been granted, to strike stated portions of the appellants' brief filed in Appellate Division Docket Nos. 2022-02436 and 2022-04090 referring to the order dated February 23, 2022, and to extend the time to serve and file a brief on those appeals. Cross motion by the appellants for leave to appeal to this Court from the order dated February 23, 2022. Separate motion by the appellants, inter alia, to stay all proceedings in the above-entitled action, to stay enforcement of so much of the order dated October 7, 2022, under Appellate Division Docket No. 2022-09085, as denied their motion to quash a subpoena compelling the disclosure of federal and state tax returns, to stay enforcement of the subpoena, pending hearing and determination of the appeals, and to dissolve an injunction contained in the order dated February 23, 2022. Separate motion by the appellants, inter alia, to preclude the respondent from filing a brief on the appeals from the orders dated February 23, 2022, and April 21, 2022.

Upon the papers filed in support of the motions and cross motion and the papers filed in opposition thereto, it is

ORDERED that the branches of the appellants' motions which are to stay all proceedings in the above-entitled action, pending hearing and determination of the appeals, are granted to the extent that all proceedings in the above-entitled action related to the enforcement of the order dated April 21, 2022, are stayed, pending hearing and determination of the appeals; and it is further,

ORDERED that the branches of the appellants' motion which are to stay enforcement of so much of the order dated October 7, 2022, under Appellate Division Docket No. 2022-09085, as denied their motion to quash a subpoena compelling the production of federal and state tax returns and to stay enforcement of the subpoena, pending hearing and determination of the appeals, are granted to the extent that enforcement of the subpoena is stayed, pending hearing and determination of the appeals; and it is further,

ORDERED that the branches of the respondent's motion which are to dismiss the appeal from the order dated February 23, 2022, in effect, on the ground that the order is not appealable as of right and leave to appeal has not been granted and to strike stated portions of the appellants' brief filed in Appellate Division Docket Nos. 2022-02436 and 2022-04090 referring to the order dated February 23, 2022 and the appellants' cross motion for leave to appeal to this Court from the order dated February 23, 2022, are held in abeyance and referred to the panel of Justices hearing the appeals for determination upon the argument or submission thereof; and it is further,

ORDERED that the appellants' motions are otherwise denied; and it is further,

ORDERED that branch of the respondent's motion which is to extend the time to serve and file a brief on the appeals in Appellate Division Docket Nos. 2022-02436 and 2022-04090 is granted, and on or before March 27, 2023, 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.

DILLON, J.P., MALTESE, VOUTSINAS and TAYLOR, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court