Appellate Division: Second Judicial Department

M303810

AFA/

VALERIE BRATHWAITE NELSON, J.P.

PAUL WOOTEN

BARRY E. WARHIT

LOURDES M. VENTURA, JJ.

2024-04932, 2024-04938 Shawana Daye, et al., appellants, v Woodside Funeral Home, Inc., et al., defendants, E. Sampson Funeral Service, Inc., respondent. (Index No. 507995/2021)

DECISION & ORDER ON MOTION

Appeals from two orders of the Supreme Court, Kings County, dated September 20, 2023, and February 7, 2024, respectively. Motion by the appellants, in effect, to stay all proceedings in the above-entitled action due to the death of the defendant Amy Nwoko, pending the appointment of a personal representative of the estate of the deceased defendant or, in the alternative, to extend the time to perfect the appeals.

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

ORDERED that the branch of the motion which is, in effect, to stay all proceedings in the above-entitled action due to the death of the defendant Amy Nwoko, pending the appointment of a personal representative of the estate of the deceased defendant, is denied; and it is further,

ORDERED that the branch of the motion which is to extend the time to perfect the appeals is granted, and on or before April 23, 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.

BRATHWAITE NELSON, J.P., WOOTEN, WARHIT and VENTURA, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court