Appellate Division: Second Judicial Department

M301099

KS/

BETSY BARROS, J.P.

CHERYL E. CHAMBERS

PAUL WOOTEN

LILLIAN WAN, JJ.

2022-02345 Jason Kosek, et al., respondents, v Joseph Engel, et al., appellants. (Index No. 507542/2021)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Kings County, dated March 10, 2022. Motion by the respondents to dismiss the appeal on the ground that the record is insufficient or, in the alternative, to extend the time to serve and file a brief. By decision and order on motion of this Court dated January 17, 2024, the matter was referred to the Supreme Court, Kings County, to report on whether it considered the plaintiffs' reply brief in connection with the motion for a preliminary injunction, which was determined by the order dated March 10, 2022, and the motion was held in abeyance in the interim. The Supreme Court, Kings County, has filed its report.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branch of the motion which is to dismiss the appeal on the ground that the record is insufficient 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 January 15, 2025, 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.

BARROS, J.P., CHAMBERS, WOOTEN and WAN, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court