Appellate Division: Second Judicial Department

M296895

AFA/

BETSY BARROS, J.P.

ROBERT J. MILLER

BARRY E. WARHIT

JANICE A. TAYLOR, JJ.

2021-00711 Edwin Sobiech, et al., appellants, v Leora Dillon, et al., respondents (and a third-party action). (Index No. 8345/2019)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Orange County, dated January 19, 2021. Motion by the respondents to dismiss the appeal, in effect, for failure to properly serve the record and appellants' brief or, in the alternative, to extend the time to serve and file a brief. Cross-motion by the appellants, inter alia, in effect, to extend the time to serve and file the record and appellants' brief.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the papers filed in support of the cross-motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branch of the motion which is to dismiss the appeal is denied; 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 July 8, 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; and it is further,

ORDERED that the cross-motion is denied as unnecessary.

BARROS, J.P., MILLER, WARHIT and TAYLOR, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court