Appellate Division: Second Judicial Department

M281862

KS/

MARK C. DILLON, J.P.

LINDA CHRISTOPHER

LARA J. GENOVESI

WILLIAM G. FORD, JJ.

2021-03776, 2021-05950 In the Matter of Rena Pachter, etc., respondent-appellant, v David Winiarski, et al., appellants-respondents, et al., respondents. (Index No. 502779/2020)

DECISION & ORDER ON MOTION

2022-01601

In the Matter of Rena Pachter, etc., appellant,

v David Winiarski, et al., respondents-respondents,

et al., respondents.

(Index No. 502779/2020)

Appeal and cross appeal from an order of the Supreme Court, Kings County, dated May 5, 2021, and appeals from two orders of the same court dated July 12, 2021, and August 12, 2021, respectively. Motion by Rena Pachter to extend the time to serve and file an answering brief on the cross appeal from the order dated May 5, 2021. Application by Rena Pachter to extend the time to serve and file an appellant's brief on the appeal from the order dated July 12, 2021. Separate application by Rena Pachter to extend the time to perfect the appeal from the order dated August 12, 2021.

Upon the papers filed in support of the motion and applications and no papers having been filed in opposition or in relation thereto, it is

ORDERED that on the Court's own motion, the appeal and cross appeal from the order dated May 5, 2021, and the appeal from the order dated July 12, 2021, are consolidated; and it is further,

ORDERED that the motion to extend the time to serve and file an answering brief on the cross appeal from the order dated May 5, 2021, and the application to extend the time to serve and file an appellant's brief on the appeal from the order dated July 12, 2021, are granted, on or before May 12, 2023, Rena Pachter shall serve and file the brief, including the points of argument on the cross appeal from the order dated May 5, 2021 (see 22 NYCRR 1250.9[f][1][iv]), and on the appeal from the order dated July 12, 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 all further briefing of the appeal and cross appeal from the order dated May 5, 2021, and the appeal from the order dated July 12, 2021, shall be in accordance with the parties' stipulation dated March 15, 2022; and it is further,

ORDERED that the application to extend the time to perfect the appeal from the order dated August 12, 2021, is granted, and on or before June 12, 2023, Rena Pachter shall serve and file the record or appendix and the appellant's brief 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.

DILLON, J.P., CHRISTOPHER, GENOVESI and FORD, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court