Appellate Division: Second Judicial Department

M298303

AFA/

CHERYL E. CHAMBERS, J.P.

ROBERT J. MILLER

PAUL WOOTEN

JANICE A. TAYLOR, JJ.

2024-06241 In the Matter of Elaine Portuondo Smith, et al., petitioners-respondents, v Robert F. Kennedy, etc., et al., respondents-appellants, et al., respondents. (Index No. 427/2024)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Nassau County, dated July 12, 2024. Motion by the appellants to stay all proceedings in the above-entitled proceeding, including the trial, pending hearing and determination of the appeal.

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

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

ORDERED that on or before August 9, 2024, the appellants shall perfect the appeal by causing the original papers constituting the record on appeal to be filed in the office of the Clerk of this Court (see 22 NYCRR 1250.9[a][5], 1250.14[b]), and by serving and filing the appellants' brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, by serving the appellants' brief, and uploading a digital copy of the appellants' brief, with proof of service thereof, through the digital portal on this Court's website; and it is further,

ORDERED that on or before August 16, 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 on or before August 20, 2024, the appellants shall serve and file their reply brief via NYSCEF, if applicable, or if NYSCEF is not mandated, serve the reply brief and upload a digital copy of the reply brief, with proof of service thereof, through the digital portal on this Court's website.

CHAMBERS, J.P., MILLER, WOOTEN and TAYLOR, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court