Appellate Division: Second Judicial Department

M290646

AFA/

FRANCESCA E. CONNOLLY, J.P.

JOSEPH J. MALTESE

JANICE A. TAYLOR

LOURDES M. VENTURA, JJ.

2021-08214, 2022-04160 Junetta Smith, respondent, v Church of God of Corona, Inc., etc., appellant. (Index No. 701808/2013)

DECISION & ORDER ON MOTION

Appeals from two orders of the Supreme Court, Queens County, dated October 8, 2021, and May 11, 2022, respectively. Motion by the respondent to dismiss the appeals on the ground that no appeal lies from orders denying reargument and on the ground that the appellant did not comply with 22 NYCRR 1245.3(b), or, in the alternative, to extend the time to serve and file a respondent's 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 dismiss the appeals on the ground that no appeal lies from orders denying reargument is 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 branch of the motion which is to dismiss the appeals on the ground that the appellant did not comply with 22 NYCRR 1245.3(b) is denied; and it is further,

ORDERED that the branch of the motion which is to extend the time to serve and file a respondent's brief is granted, and on or before September 20, 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.

CONNOLLY, J.P., MALTESE, TAYLOR and VENTURA, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court