Azrak v Carter Enterprises LLC
Motion No: 2022-08858
Slip Opinion No: 2023 NY Slip Op 75956(U)
Decided on October 30, 2023
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M291904

AFA/

CHERYL E. CHAMBERS, J.P.

LINDA CHRISTOPHER

HELEN VOUTSINAS

LAURENCE L. LOVE, JJ.

2022-08858, 2022-08862

Diana Azrak, etc., et al., respondents,

v Carter Enterprises LLC, et al., appellants,

et al., defendants.

(Index No. 510149/2015)

DECISION & ORDER ON MOTION

Appeals from two orders of the Supreme Court, Kings County, dated August 29, 2022, and August 22, 2022, respectively. Motion by the appellant Saul Wolf to stay discovery in the above-entitled action, pending hearing and determination of the appeals, and for a preference in the calendaring of the appeals. Motion by the appellant Carter Industries, Inc. to stay discovery in the above-entitled action, pending hearing and determination of the appeals, and for a preference in the calendaring of the appeals. Motion by the appellants Carter Enterprises LLC and Chaim Wolf to stay discovery in the above-entitled action, pending hearing and determination of the appeals, and for a preference in the calendaring of the appeals. Separate motion by the appellants Carter Enterprises LLC and Chaim Wolf to extend the time to serve and file a reply brief.

Upon the papers filed in support of the motions to stay discovery and for a preference in the calendaring of the appeals and the papers filed in opposition thereto, and upon the papers filed in support of the motion to extend the time to serve and file a reply brief, and no papers having been filed in opposition or in relation thereto, it is

ORDERED that motions to stay discovery and for a preference in the calendaring of the appeals are denied; and it is further,

ORDERED that the motion to extend the time to serve and file a reply brief is granted, and on or before November 9, 2023, the appellants Carter Enterprises LLC and Chaim Wolf 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.

CHAMBERS, J.P., CHRISTOPHER, VOUTSINAS and LOVE, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court