Appellate Division: Second Judicial Department

M295232

AFA/

COLLEEN D. DUFFY, J.P.

LINDA CHRISTOPHER

LILLIAN WAN

LAURENCE L. LOVE, JJ.

2023-06741 Deutsche Bank, respondent, v Ladwan Brown, et al., defendants; 10224 Avenue K LLC, nonparty-appellant. (Index No. 509512/2014)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Kings County, dated March 17, 2023. Motion by the respondent to dismiss the appeal on the ground, in effect, that no appeal lies as of right from an order holding a motion in abeyance (see CPLR 5701[a][2]), and leave to appeal has not been granted or, in the alternative, to extend the time to serve and file a brief. Cross-motion by the appellant to amend its brief.

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

ORDERED that the branch of the motion which is to dismiss the appeal is held in abeyance and referred to the panel of Justices hearing the appeal 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 April 26, 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 cross-motion to amend the appellant's brief is denied.

DUFFY, J.P., CHRISTOPHER, WAN and LOVE, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court