Appellate Division: Second Judicial Department

M294240

AFA/

BETSY BARROS, J.P.

LINDA CHRISTOPHER

DEBORAH A. DOWLING

JANICE A. TAYLOR, JJ.

2022-04970, 2022-04971 US ROF, etc., respondent, v Alaba Rufai, appellant, et al., defendants. (Index No. 503008/2015)

DECISION & ORDER ON MOTION

Appeals from an order of the Supreme Court, Kings County, dated April 28, 2022, and a judgment of the same court dated April 28, 2022, respectively. Motion by the respondent to dismiss the appeals on the ground that review of the issues to be raised on the appeals is barred by the law of the case doctrine 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 branch of the motion which is to dismiss the appeals 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 extend the time to serve and file a brief is granted, and on or before March 18, 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.

BARROS, J.P., CHRISTOPHER, DOWLING and TAYLOR, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court