Appellate Division: Second Judicial Department

M301241

KS/

COLLEEN D. DUFFY, J.P.

PAUL WOOTEN

DEBORAH A. DOWLING

LILLIAN WAN, JJ.

2024-01994 Moshe N. Wallach, respondent, v Raquel C. Rothschild, appellant. (Index No. 30719/2023)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Rockland County, dated February 27, 2024. Motion by the appellant for a preference in the calendaring of the appeal and to stay certain proceedings in the above-entitled action, pending hearing and determination of the appeal. Motion by the respondent to strike stated portions of the record and the appellant's brief on the ground that they contain and refer to matter dehors the record and to extend the time to serve and file a brief.

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

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

ORDERED that the motion by the respondent is granted to the extent that the respondent's time to serve and file a brief is extended, and on or before January 3, 2025, the respondent shall serve and file the respondent's 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 the motion by the respondent is otherwise denied.

DUFFY, J.P., WOOTEN, DOWLING and WAN, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court