Lozada v Incorporated Village of Freeport
Motion No: 2022-09766
Slip Opinion No: 2024 NY Slip Op 66581(U)
Decided on April 24, 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

M295955

ID/

BETSY BARROS, J.P.

JOSEPH J. MALTESE

BARRY E. WARHIT

CARL J. LANDICINO, JJ.

2022-09766

Edwin Lozada, et al., respondents,

v Incorporated Village of Freeport,

respondent-appellant, Town of

Hempstead, defendant, ABA Sports Inc.,

etc., appellant-respondent.

(Index No. 604836/2020)

DECISION & ORDER ON MOTION

Appeal and cross-appeal from an order of the Supreme Court, Nassau County, dated October 31, 2022. Motion by the respondent-appellant to stay the trial in the above-entitled action, pending hearing and determination of the appeal and cross-appeal. Motion by the respondents to extend the time to serve and file a brief.

Upon the papers filed in support of the motion by the respondent-appellant and the papers filed in opposition and in relation thereto, and upon the papers filed in support of the motion by the respondents and the papers filed in opposition thereto, it is

ORDERED that the motion by the respondent-appellant is granted, and the trial in the above-entitled action is stayed, pending hearing and determination of the appeal and cross-appeal; and it is further,

ORDERED that the motion by the respondents is granted, and on or before May 24, 2024, the respondents shall serve and file the respondents' 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., MALTESE, WARHIT and LANDICINO, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court