Appellate Division: Second Judicial Department

M297276

AFA/

VALERIE BRATHWAITE NELSON, J.P.

CHERYL E. CHAMBERS

HELEN VOUTSINAS

LAURENCE L. LOVE, JJ.

2022-02403, 2022-02817 In the Matter of Alexandra Goldenstein, et al., respondents, v New York City Department of Health and Mental Hygiene, et al., appellants. (Index No. 85057/2022)

DECISION & ORDER ON MOTION

Appeals from an order and judgment (one paper) of the Supreme Court, Richmond County, dated April 1, 2022, and an order and judgment (one paper) of the same court dated April 6, 2022. Motion by the respondents to extend the time to serve and file a brief, for leave to serve and file a supplemental record containing certain material, and for leave to file certain material under seal. Motion by the appellants to dismiss the appeals on the ground that it has been rendered academic and to vacate the orders and judgments.

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

ORDERED that the motion by the appellants 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 July 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; and it is further,

ORDERED that the branches of the motion which are for leave to serve and file a supplemental record containing certain material and for leave to file certain material under seal are granted, and on or before July 24, 2024, the respondents may file a supplemental record containing the transcript dated April 1, 2022, which shall not be marked confidential, and a separate volume of the supplemental record containing the affidavits of the respondents, which shall be marked confidential and may not be viewed by the public, but may be viewed by the parties to the appeal, counsel appearing on their behalf, or representatives of counsel, authorized in writing to view the confidential material.

BRATHWAITE NELSON, J.P., CHAMBERS, VOUTSINAS and LOVE, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court