Appellate Division: Second Judicial Department

M299859

AFA/

BETSY BARROS, J.P.

PAUL WOOTEN

DEBORAH A. DOWLING

CARL J. LANDICINO, JJ.

2023-10553 Maygan Alysse Whitenack, etc., et al., appellants-respondents, v Paul R. Byrne, etc., et al., respondents-appellants, Iman Saleh, etc., et al., defendants-respondents. (Index No. 610926/2019)

DECISION & ORDER ON MOTION

2024-01533

Maygan Alysse Whitenack, etc., et al.,

appellants-respondents, v Paul R. Byrne,

etc., respondent-appellant, Iman Saleh, etc., et al.,

defendants-respondents, et al., defendants.

(Index No. 610926/2019)

Appeals and cross-appeals from an order of the Supreme Court, Nassau County, dated October 13, 2023, and an interlocutory judgment of the same court dated October 31, 2023. Application by Maygan Alysse Whitenack, MGW, an infant by her mother and natural guardian, Maygan Alysse Whitenack, and Robert John Whitenack, Jr. to extend the time to perfect the appeal from the order. Application by Paul R. Byrne to extend the time to perfect the appeal from the interlocutory judgment. By order to show cause dated July 26, 2024, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal by Paul R. Byrne from the interlocutory judgment on the ground that he is not aggrieved (see CPLR 5511).

Now, upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the applications and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion to dismiss the appeal by Paul R. Byrne from the interlocutory judgment is held in abeyance and referred to the panel of Justices hearing the appeal and cross-appeal from the interlocutory judgment for determination upon the argument or submission thereof; and it is further,

ORDERED that the application by Maygan Alysse Whitenack, MGW, an infant by her mother and natural guardian, Maygan Alysse Whitenack, and Robert John Whitenack, Jr. to extend the time to perfect the appeal from the order is granted, on the Court's own motion, the time of Maygan Alysse Whitenack, MGW, an infant by her mother and natural guardian, Maygan Alysse Whitenack, and Robert John Whitenack, Jr. to perfect their appeal from the interlocutory judgment is extended, and on or before November 8, 2024, Maygan Alysse Whitenack, MGW, an infant by her mother and natural guardian, Maygan Alysse Whitenack, and Robert John Whitenack, Jr. shall serve and file the joint records or appendices and their appellants-respondents' briefs via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the joint records or appendices and their appellants-respondents' briefs and upload digital copies of the joint records or appendices and their appellants-respondents' briefs, with proof of service thereof, through the digital portal on this Court's website; and it is further,

ORDERED that the application by Paul R. Byrne to extend the time to perfect his cross-appeal from the interlocutory judgment is denied as premature.

BARROS, J.P., WOOTEN, DOWLING and LANDICINO, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court