Appellate Division: Second Judicial Department

M296319

KS/

MARK C. DILLON, J.P.

CHERYL E. CHAMBERS

LARA J. GENOVESI

LOURDES M. VENTURA, JJ.

2023-02568, 2023-08153 American Transit Insurance Company, appellant, v Hackensack Surgery Center LLC, etc., respondent. (Index No. 509710/2022)

DECISION & ORDER ON MOTION

Appeals from two orders of the Supreme Court, Kings County, dated February 2, 2023, and March 22, 2023, respectively. Motion by the respondent to dismiss the appeals on the ground that no appeal lies from an order issued upon the default of the appealing party (see CPLR 5511), to dismiss the appeal from the order dated February 2, 2023, on the ground that it was superseded by the order dated March 22, 2023, or, in the alternative, to extend the time to serve and file a brief.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 on the ground that no appeal lies from an order issued upon the default of the appealing party is denied; and it is further,

ORDERED that the branch of the motion which is to dismiss the appeal from the order dated February 2, 2023, on the ground that it was superseded by the order dated March 22, 2023, is held in abeyance and referred to the panel of Justices hearing the appeals for determination upon the argument or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 June 10, 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.

DILLON, J.P., CHAMBERS, GENOVESI and VENTURA, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court