Caton Towers Owners Corp. v Peters
Motion No: 2023-01514
Slip Opinion No: 2024 NY Slip Op 63262(U)
Decided on March 1, 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

M294599

AFA/

FRANCESCA E. CONNOLLY, J.P.

CHERYL E. CHAMBERS

DEBORAH A. DOWLING

HELEN VOUTSINAS, JJ.

2023-01514

Caton Towers Owners Corp., respondent,

v Jacqueline Peters, appellant.

(Index No. 506746/2021)

DECISION & ORDER ON MOTION

2023-01802

In the Matter of Jacqueline Peters,

respondent-appellant, v Caton Towers

Owners Corp., appellant-respondent.

(Index No. 526106/2021)

Appeal from an order of the Supreme Court, Kings County, dated January 2, 2023, and appeal and cross-appeal from an order of the same court dated January 11, 2023. Motion by Jacqueline Peters, in effect, to hold the appeals and cross-appeal in abeyance, to extend the time to perfect the appeal from the order dated January 2, 2023, and to extend the time to serve and file an answering brief on her cross-appeal from the order dated January 11, 2023.

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, in effect, to hold the appeals and cross-appeal in abeyance is denied; and it is further,

ORDERED that the branch of the motion which is to extend the time to perfect the appeal from the order dated January 2, 2023, is granted, and on or before April 30, 2024, Jacqueline Peters shall serve and file the record or appendix and the appellant's brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the record or appendix and the appellant's brief and upload digital copies of the record or appendix and the appellant's brief, with proof of service thereof, through the digital portal on this Court's website; and it is further,

ORDERED that the branch of the motion which is to extend to extend the time to serve and file an answering brief on the cross-appeal from the order dated January 11, 2023, is granted, and on or before April 30, 2024, Jacqueline Peters shall serve and file her answering brief, including the points of argument on the cross-appeal (see 22 NYCRR 1250.9[f][1][iv]), via NYSCEF, if applicable, or if NYSCEF is not mandated, serve the answering brief and upload a digital copy of the answering brief, with proof of service thereof, through the digital portal on this Court's website.

CONNOLLY, J.P., CHAMBERS, DOWLING and VOUTSINAS, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court