Appellate Division: Second Judicial Department

M296839

AFA/

FRANCESCA E. CONNOLLY, J.P.

LARA J. GENOVESI

DEBORAH A. DOWLING

LOURDES M. VENTURA, JJ.

2023-05103, 2023-11851 Teresa Foley, respondent, v Estate of Michael Foley, et al., appellants. (Index No. 12817/2011)

DECISION & ORDER ON MOTION

Appeals from an amended order of the Supreme Court, Westchester County, dated May 5, 2023, and an order of the same court dated November 21, 2023. Motion by the appellants to stay enforcement of the orders, pending hearing and determination of the appeals. Motion by the respondent to dismiss the appeals or, in the alternative, to strike stated portions of the record on the ground that they refer to matter dehors the record, and to extend the time to serve and file a brief.

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

ORDERED that the motion by the appellants to stay enforcement of the orders is denied; and it is further,

ORDERED that the branch of the motion by the respondent which is to dismiss the appeals or, in the alternative, to strike stated portions of the record, is denied; and it is further,

ORDERED that the branch of the motion by the respondent which is to extend the time to serve and file a brief is granted, and on or before July 5, 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.

CONNOLLY, J.P., GENOVESI, DOWLING and VENTURA, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court