Appellate Division: Second Judicial Department

M297376

AFA/

COLLEEN D. DUFFY, J.P.

ROBERT J. MILLER

DEBORAH A. DOWLING

JANICE A. TAYLOR, JJ.

2022-03766 Zalman Klein, appellant, v Isaac Deutsch, et al., respondents. (Index No. 515518/2018)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Kings County, dated April 28, 2022. Motion by the respondents to dismiss the appeal from so much of the order as denied that branch of the appellant's motion which was to amend a prior order on the ground that no appeal lies from an order denying reargument, in effect, to enlarge the record to include certain material, and 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 appeal from so much of the order as denied that branch of the appellant's motion which was to amend a prior order on the ground that no appeal lies from an order denying reargument, is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; and it is further,

ORDERED that the branch of the motion which is, in effect, to enlarge the record to include certain material, 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 August 14, 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.

DUFFY, J.P., MILLER, DOWLING and TAYLOR, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court