Appellate Division: Second Judicial Department

M299615

AFA/

ANGELA G. IANNACCI, J.P.

JOSEPH J. MALTESE

LILLIAN WAN

JAMES P. MCCORMACK, JJ.

2022-05636 Avrohom Mordechai Cohen, et al., respondents, v Chaim Landau, appellant, et al., defendant. (Index No. 533082/2021)

DECISION & ORDER ON MOTION

2023-09244

In the Matter of Congregation Ohr Yisroel, Inc., et al., appellants,

v Yisroel Abramovitz, et al., respondents-respondents,

et al., respondents.

(Index No. 525872/2022)

2024-00293

In the Matter of Congregation Ohr Yisroel, Inc., et al., appellants,

v Yisroel Abramovitz, et al., respondents-respondents,

et al., respondents.

(Index No. 525872/2022)

Appeals from three orders of the Supreme Court, Kings County, dated June 21, 2022, July 27, 2023, and December 19, 2023, respectively. Motion by the appellants to stay enforcement of the orders dated July 27, 2023, and December 19, 2023, pending hearing and determination of the appeals from those orders. Separate motion by the appellants to stay the appeals from the orders dated July 27, 2023, and December 19, 2023, and all proceedings in the proceeding entitled Matter of Congregation Ohr Yisroel, Inc. v Abramovitz, pending in the Supreme Court, Kings County, under Index No. 525872/2022, pending hearing and determination of the appeal from the order dated June 21, 2022, or, in the alternative, to extend the time to perfect the appeals from the orders dated July 27, 2023, and December 19, 2023. Cross-motion by the respondents to dismiss the appeals from the orders dated July 27, 2023, and December 19, 2023, for failure to timely perfect, to dismiss the appeal from the order dated December 19, 2023, on the ground that no appeal lies from an order denying reargument, and to impose sanctions upon the appellants.

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

ORDERED that the motion to stay enforcement of the orders dated July 27, 2023, and December 19, 2023, pending hearing and determination of the appeals from those orders, is denied; and it is further,

ORDERED that the branch of the motion which is to stay the appeals from the orders dated July 27, 2023, and December 19, 2023, and all proceedings in the proceeding entitled Matter of Congregation Ohr Yisroel, Inc. v Abramovitz, pending hearing and determination of the appeal from the order dated June 21, 2022, is denied; and it is further,

ORDERED that the branch of the motion which is to extend the time to perfect the appeals from the orders dated July 27, 2023, and December 19, 2023, is granted, and on or before October 30, 2024, the appellants shall serve and file the records or appendices and the appellants' briefs via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the records or appendices and the appellants' briefs and upload digital copies of the records or appendices and the appellants briefs, with proof of service thereof, through the digital portal on this Court's website; and it is further,

ORDERED that the branches of the cross-motion which are to dismiss the appeals from the orders dated July 27, 2023, and December 19, 2023, for failure to timely perfect and to impose sanctions upon the appellants are denied; and it is further,

ORDERED that the branch of the cross-motion which is to dismiss the appeal from the order dated December 19, 2023, 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 appeals for determination upon the argument or submission thereof; and it is further,

ORDERED that on the Court's own motion, the appeals will be calendared together and will be argued or submitted on the same date.

IANNACCI, J.P., MALTESE, WAN and MCCORMACK, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court