Appellate Division: Second Judicial Department

M301266

AFA/

ROBERT J. MILLER, J.P.

JANICE A. TAYLOR

LOURDES M. VENTURA

PHILLIP HOM, JJ.

2023-07395 In the Matter of People of State of New York, etc., petitioner-respondent, v Cold Spring Acquisition, LLC, etc., et al., appellants, et al., respondents. (Index No. 617709/2022)

DECISION & ORDER ON MOTION

2023-11605

In the Matter of People of State of New

York, etc., petitioner-respondent, v Cold

Spring Acquisition, LLC, etc., et al., respondents,

B & L Consulting, LLC, et al., appellants.

(Index No. 617709/2022)

2023-11609

In the Matter of People of State of New

York, etc., petitioner-respondent, v Cold

Spring Acquisition, LLC, etc., et al.,

appellants, et al., respondents.

(Index No. 617709/2022)

2024-03020

In the Matter of People of State of New

York, etc., respondent-appellant, v Cold

Spring Acquisition, LLC, etc., et al.,

appellants-respondents, et al., respondents.

(Index No. 617709/2022)

2024-02813

In the Matter of People of the State of

New York, etc., petitioner-respondent,

v Cold Spring Acquisition, LLC, etc.,

appellant, et al., respondents.

(Index No. 617709/2022)

2024-03953

In the Matter of People of the State of

New York, etc., petitioner-respondent,

v Cold Spring Acquisition, LLC, etc.,

et al., appellants, et al., respondents.

(Index No. 617709/2022)

Appeals from five orders of the Supreme Court, Nassau County, dated June 26, 2023, August 23, 2023, October 20, 2023, April 9, 2024, and April 19, 2024, respectively, and appeals and cross-appeal from an order of the same court dated March 15, 2024. Motion by the appellants/appellants-respondents Cold Spring Acquisition, LLC, Graph MGA, LLC, Graph Management, LLC, Graph Insurance Company, and Avi Philipson, to extend the time to perfect their appeals from the orders dated June 26, 2023, October 20, 2023, March 15, 2024, April 9, 2024, and April 19, 2024, in effect, to consolidate the appeals and cross-appeal, and to set a briefing schedule. Motion by the appellants/appellants-respondents B & L Consulting, LLC, Esther Farkovits, and Benjamin Landa to extend the time to perfect their appeals from the orders dated June 26, 2023, August 23, 2023, October 20, 2023, and March 15, 2024, and to set a briefing schedule. Motion by the appellants-respondents Cheskel Berkowitz, Zoel Zupnick, ZBL Management, LLC, and Ross CSH Holdings, LLC, to extend the time to perfect their appeal from the order dated March 15, 2024, and to set a briefing schedule. Motion by the appellant-respondent Philipson Family LLC to extend the time to perfect its appeal from the order dated March 15, 2024, and to set a briefing schedule.

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

ORDERED that the branch of the motion by the appellants/appellants-respondents Cold Spring Acquisition, LLC, Graph MGA, LLC, Graph Management, LLC, Graph Insurance Company, and Avi Philipson, which is to extend the time to perfect the appeal from the order dated April 9, 2024, is denied as academic, as that appeal is being dismissed by decision and order on motion of this Court decided herewith; and it is further,

ORDERED that the branch of the motion by the appellants/appellants-respondents Cold Spring Acquisition, LLC, Graph MGA, LLC, Graph Management, LLC, Graph Insurance Company, and Avi Philipson which is, in effect, to consolidate the appeals and cross-appeal, is denied; and it is further,

ORDERED that on the Court's own motion, the appeals from the orders dated June 26, 2023, August 23, 2023, October 20, 2023, and April 19, 2024, and the appeals and cross-appeal from the order dated March 15, 2024, will be calendared together and will be argued or submitted on the same date; and it is further,

ORDERED that the branches of the motions which are to set a briefing schedule are denied; and it is further,

ORDERED that the branches of the motions by the appellants Cold Spring Acquisition, LLC, Graph MGA, LLC, Graph Management, LLC, Graph Insurance Company, and Avi Philipson and the appellants B & L Consulting, LLC, Esther Farkovits, and Benjamin Landa which are to extend the time to perfect their appeals from the order dated June 26, 2023, are granted, and on or before January 8, 2025, those appellants shall serve and file the joint record or appendix and their respective briefs via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the joint record or appendix and their respective briefs and upload digital copies of the joint record or appendix and their respective briefs, with proof of service thereof, through the digital portal on this Court's website; and it is further,

ORDERED that the branch of the motion by appellants B & L Consulting, LLC, Esther Farkovits, and Benjamin Landa, which is to extend the time to perfect their appeal from the order dated August 23, 2023, is granted, and on or before January 8, 2025, the appellants B & L Consulting, LLC, Esther Farkovits, and Benjamin Landa shall serve and file the record or appendix and the appellants' brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the record or appendix and the appellants' brief and upload digital copies of the record or appendix and the appellants' brief, with proof of service thereof, through the digital portal on this Court's website; and it is further,

ORDERED that the branches of the motions by the appellants Cold Spring Acquisition, LLC, Graph MGA, LLC, Graph Management, LLC, Graph Insurance Company, and Avi Philipson, and the appellants B & L Consulting, LLC, Esther Farkovits, and Benjamin Landa which are to extend the time to perfect their appeals from the order dated October 20, 2023, are granted, and on or before January 8, 2025, those appellants shall serve and file the joint record or appendix and their respective briefs via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the joint record or appendix and their respective briefs and upload digital copies of the joint record or appendix and their respective briefs, with proof of service thereof, through the digital portal on this Court's website; and is further,

ORDERED that the branches of the motions by the appellants-respondents Cold Spring Acquisition, LLC, Graph MGA, LLC, Graph Management, LLC, Graph Insurance Company, and Avi Philipson, the appellants-respondents B & L Consulting, LLC, Esther Farkovits, and Benjamin Landa, the appellants-respondents Cheskel Berkowitz, Joel Zupnick, ZBL Management, LLC, and Ross CSH Holdings, LLC, and the appellant-respondent Philipson Family LLC, which are to extend the time to perfect their appeals from the order dated March 15, 2024, are granted, and on or before January 8, 2025, those appellants-respondents shall serve and file the joint record or appendix and their respective briefs via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the joint record or appendix and their respective briefs and upload digital copies of the joint record or appendix and their respective briefs, with proof of service thereof, through the digital portal on this Court's website; and it is further,

ORDERED that the branch of the motion by the appellants Cold Spring Acquisition, LLC, Graph MGA, LLC, Graph Management, LLC, Graph Insurance Company, and Avi Philipson which is to extend the time for the appellants Cold Spring Acquisition, LLC and Avi Philipson to perfect their appeal from the order dated April 19, 2024, is granted, and on or before January 8, 2025, the appellants shall serve and file the record or appendix and the appellants' brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the record or appendix and the appellants' brief and upload digital copies of the record or appendix and the appellants' brief, with proof of service thereof, through the digital portal on this Court's website.

MILLER, J.P., TAYLOR, VENTURA and HOM, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court