Appellate Division: Second Judicial Department

M291324

AFA/

BETSY BARROS, J.P.

FRANCESCA E. CONNOLLY

ROBERT J. MILLER

PAUL WOOTEN, JJ.

2022-07194 Tonya Williams, et al., respondents, v New York City Office of Chief Medical Examiner, et al., defendants, Unity Funeral Chapels, Inc., appellant. (Index No. 527070/2019)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Kings County, dated August 22, 2022. Motion by the appellant, inter alia, to stay enforcement of a judgment of the same court, dated October 27, 2021, and to lift restraints placed on the appellant's bank accounts by the respondents, pending hearing and determination of the appeal. Motion by the respondents, inter alia, to dismiss the appeal on the ground that the appendix is inadequate, or, in the alternative, to extend the time to serve and file a brief.

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

ORDERED that the branch of the appellant's motion which is to stay enforcement of the judgment is granted, and enforcement of the judgment, including the placement of additional restraints on the appellant's bank accounts, is stayed, pending hearing and determination of the appeal; and it is further,

ORDERED that the branch of the appellant's motion which is to lift restraints placed on its bank accounts by the respondents, pending hearing and determination of the appeal, is granted on condition that the appellant post an undertaking with corporate surety in the office of the Clerk of the Supreme Court, Kings County, in a sum to be fixed by the Supreme Court, Kings County, in terms that if the order appealed from, or any part of it, is affirmed, the surety will indemnify the respondents if it is ultimately determined that the respondents sustained a loss due to the lifting of the restraints on the appellant's bank accounts; and it is further,

ORDERED that the matter is remitted to the Supreme Court, Kings County, to fix the amount of the undertaking in accordance herewith; the appellant shall file the undertaking within 15 days after service upon it of a copy of the order of the Supreme Court, Kings County, fixing the amount thereof; and it is further,

ORDERED that in the event that the undertaking is not posted in accordance with this decision and order on motion, the Court, on its own motion, may vacate so much of this order as lifts the restraints on the appellant's bank accounts, without further notice, or the respondents may move to vacate so much of this order as lifts the restraints on the appellant's bank accounts, on three days' notice; and it is further,

ORDERED that the appellant's motion is otherwise denied; and it is further;

ORDERED that the branch of the respondents' motion which is to extend the time to serve and file a brief is granted, and on or before November 3, 2023, the respondents shall serve and file the respondents' 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; and it is further,

ORDERED that no further extension of time shall be granted; and it is further,

ORDERED that the respondents' motion is otherwise denied.

BARROS, J.P., CONNOLLY, MILLER and WOOTEN, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court