Appellate Division: Second Judicial Department

M300525

ID/

BETSY BARROS, J.P.

VALERIE BRATHWAITE NELSON

BARRY E. WARHIT

JAMES P. MCCORMACK, JJ.

2024-00534 Elizabeth Schearer, respondent, v Albion Fitzgerald, appellant. (Index No. 514920/2020)

DECISION & ORDER ON MOTION

2024-04072

Elizabeth Schearer, respondent, v Albion

Fitzgerald, appellant.

(Index No. 514920/2020)

Appeals from two orders of the Supreme Court, Kings County, dated November 15, 2013, and April 18, 2024, respectively. Motion by the appellant to stay all proceedings in the above-entitled action, pending hearing and determination of the appeal from the order dated November 15, 2013. Separate motion by the appellant to stay all proceedings in the above-entitled action, pending hearing and determination of the appeal from the order dated April 18, 2024. Motion by the respondent to extend the time to serve and file a brief on the appeal from the order dated November 15, 2013.

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

ORDERED that the motions to stay all proceedings in the above-entitled action are denied; and it is further,

ORDERED that the motion to extend the time to serve and file a brief on the appeal from the order dated November 15, 2013, is granted, and on or before December 6, 2024, the respondent shall serve and file the respondent's brief on the appeal from the order dated November 15, 2013, 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.

BARROS, J.P., BRATHWAITE NELSON, WARHIT and MCCORMACK, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court