Kosek v Engel
Motion No: 2022-02345
Slip Opinion No: 2024 NY Slip Op 60723(U)
Decided on January 17, 2024
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

M293561

AFA/

BETSY BARROS, J.P.

CHERYL E. CHAMBERS

PAUL WOOTEN

LILLIAN WAN, JJ.

2022-02345

Jason Kosek, et al., respondents,

v Joseph Engel, et al., appellants.

(Index No. 507542/2021)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Kings County, dated March 10, 2022.

Motion by the respondents to dismiss the appeal on the ground that the record is insufficient or, in the alternative, to extend the time to serve and file a brief.

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

ORDERED that the matter is referred to the Supreme Court, Kings County, to report on whether it considered the plaintiffs' reply brief in connection with the motion for a preliminary injunction, which was determined by the order dated March 10, 2022; the Supreme Court, Kings County, shall file its report to this Court with all convenient speed; and it is further,

ORDERED that the motion is held in abeyance in the interim.

BARROS, J.P., CHAMBERS, WOOTEN and WAN, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court