Appellate Division: Second Judicial Department

M294104

AFA/

MARK C. DILLON, J.P.

BETSY BARROS

DEBORAH A. DOWLING

LILLIAN WAN, JJ.

2023-02093 James Brathwaite, respondent, v Clarissa Eubanks, appellant. (Index No. 508228/2020)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Kings County, dated January 6, 2023. Motion by the respondent to extend the time to serve and file a brief. Motion by the appellant, inter alia, to stay the trial in the above-entitled action, pending hearing and determination of the appeal.

Upon the papers filed in support of the motion by the respondent and the papers filed in opposition thereto, and upon the papers filed in support of the motion by the appellant and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion by respondent to extend the time to serve and file a brief is granted, and on or before March 1, 2024, 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; and it is further,

ORDERED that the motion by the appellant is denied.

DILLON, J.P., BARROS, DOWLING and WAN, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court