Appellate Division: Second Judicial Department

M281859

KS/

MARK C. DILLON, J.P.

LINDA CHRISTOPHER

LARA J. GENOVESI

WILLIAM G. FORD, JJ.

2020-07894 In the Matter of Rena Pachter, etc., respondent-appell v David Winiarsky, et al., appellants-respondents, et respondents. (Docket No. 502779/2020)

DECISION & ORDER ON MOTION ant, al.,

Appeal and cross appeal from an order of the Supreme Court, Kings County, dated October 13, 2020. Motion by the respondent-appellant to dismiss the appeal on the ground that it has been rendered academic, in effect, to impose sanctions upon the appellants-respondents, to strike stated portions of the appellants-respondents' reply brief, and to extend the time to serve and file the respondent-appellant's reply brief.

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

ORDERED that the branch of the motion which is to extend the time to serve and file the respondent-appellant's reply brief is granted, and on or before April 28, 2023, the respondent-appellant shall serve and file the reply brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the reply brief and upload a digital copy of the reply brief, with proof of service thereof, through the digital portal on this Court's website; and it is further,

ORDERED that the branches of the motion which are to dismiss the appeal, in effect, to impose sanctions, and to strike portions of the appellants-respondents' reply brief are held in abeyance and referred to the panel of Justices hearing the appeal and cross appeal for determination upon the argument or submission thereof.

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

ENTER:

Maria T. Fasulo

Clerk of the Court