Appellate Division: Second Judicial Department

M296659

AFA/

MARK C. DILLON, J.P.

ROBERT J. MILLER

BARRY E. WARHIT

LOURDES M. VENTURA, JJ.

2022-02436, 2022-04090 Isaac Hersko, etc., respondent, v Barry Hersko, etc., et al., appellants, et al., defendant. (Index No. 520492/2021)

DECISION & ORDER ON MOTION

2022-08741, 2022-09085

Isaac Hersko, etc., respondent,

v Barry Hersko, etc., et al., appellants,

et al., defendant.

(Index No. 520492/2021)

Appeals from four orders of the Supreme Court, Kings County, dated February 23, 2022, April 21, 2022, and October 7, 2022 (two orders), respectively, which were determined by two decisions and orders of this Court, both dated February 21, 2024. By decision and order on motion dated March 18, 2024, the motion by the appellants to extend the period of time afforded by CPLR 5519(e) for continuation of the stay granted by decision and order on motion of this Court dated February 24, 2023, or, in the alternative, pursuant to CPLR 5519(c), to continue the stay pending determination of a motion for leave to reargue the appeals or, in the alternative, for leave to appeal to the Court of Appeals and, in the event leave to appeal is granted, pending determination of any appeal by the Court of Appeals, was granted to the extent that the period of time afforded by CPLR 5519(e) for continuation of the existing stay was extended until March 25, 2024 (see CPLR 2004), and the motion was otherwise denied. Motion by the respondent pursuant to CPLR 5519(d) to condition the stay pursuant to CPLR 5519(e) upon the posting of an undertaking. Motion by the appellants for leave to reargue the appeals. Separate motion by the appellants for leave to appeal to the Court of Appeals from the decisions and orders of this Court dated February 21, 2024.

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

ORDERED that the motion by the respondent is denied; and it is further,

ORDERED that the motions by the appellants are denied, with $100 costs.

DILLON, J.P., MILLER, WARHIT and VENTURA, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court