Appellate Division: Second Judicial Department

M288045

AFA/

COLLEEN D. DUFFY, J.P.

CHERYL E. CHAMBERS

LINDA CHRISTOPHER

JOSEPH A. ZAYAS, JJ.

2022-04229 Ernest Wickham Case, appellant, v Todd E. Freed, et al., respondents, et al., defendants. (Index No. 618675/2017)

DECISION & ORDER ON MOTION

2022-06086

Ernest Wickham Case, appellant,

v Todd E. Freed, et al., respondents,

et al., defendants.

(Index No. 618675/2017)

Appeals from two orders of the Supreme Court, Suffolk County, dated April 29, 2022, and July 8, 2022, respectively. Motion by the respondents Todd E. Freed and Edith Webster-Freed to dismiss the appeal from so much of the order dated April 29, 2022, as directed a hearing on the amount of sanctions to be imposed against the appellant's counsel on the ground that the appellant is not aggrieved by that portion of the order. Separate motion by the respondents Todd E. Freed and Edith Webster-Freed to dismiss the appeal from the order dated July 8, 2022, on the grounds that the appellant is not aggrieved by that order and that no appeal lies from an order denying a motion for reargument. Motion by nonparty David P. Fallon, inter alia, in effect, for leave to intervene as an appellant on the appeals. Application by the appellant to extend the time to perfect the appeal from the order dated April 29, 2022.

Upon the papers filed in support of the motions and the papers filed in opposition thereto, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motions by the respondents Todd E. Freed and Edith Webster-Freed 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 motion by nonparty David P. Fallon is denied; and it is further,

ORDERED that the application is granted, and on or before May 23, 2023, the appellant shall serve and file the record or appendix and the appellant's brief for the appeal from the order dated April 29, 2022, via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the record or appendix and the appellant's brief and upload digital copies of the record or appendix and the appellant's brief, with proof of service thereof, through the digital portal on this Court's website.

DUFFY, J.P., CHAMBERS, CHRISTOPHER and ZAYAS, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court