Appellate Division: Second Judicial Department

M305435

AFA/

BETSY BARROS, J.P.

BARRY E. WARHIT

JANICE A. TAYLOR

DONNA-MARIE E. GOLIA, JJ.

2024-00710 Louann Larsen, etc., et al., respondents, v Lauren Larsen, appellant, et al., defendants. (Index No. 512169/2022)

DECISION & ORDER ON MOTION

2024-00711

Lauren Larsen, appellant, v Louann

Larsen, et al., respondents.

(Index No. 516080/2023)

Appeals from two orders of the Supreme Court, Kings County, both dated January 2, 2024. Motion by the respondents to consolidate the appeals and to extend the time to serve and file their respective briefs. Separate motion by the respondents, inter alia, to enlarge the record on the appeal under Appellate Division docket number 2024-00710 to include certain material. Separate motion by the respondents, inter alia, to enlarge the record on the appeal under Appellate Division docket number 2024-00711 to include certain material, and to extend the time to serve and file their respective briefs. Motions by the appellant, inter alia, for a preference in the calendaring of the appeals. Separate motion by the respondents, inter alia, for disclosure of certain material on the appeal under Appellate Division docket number 2024-00710. Separate motion by the respondents, inter alia, for disclosure of certain material on the appeal under Appellate Division docket number 2024-00711. Cross-motion by the appellant to impose a sanction against the respondents and for an award of attorney's fees on the appeal under Appellate Division docket number 2024-00710.

Upon the papers filed in support of the motion by the respondents, inter alia, for disclosure of certain material on the appeal under Appellate Division docket number 2024-00711 and no papers having been filed in opposition or in relation thereto, and upon the papers filed in support of the other motions and the cross-motion and the papers filed in opposition thereto, it is

ORDERED that the motions by the respondents Louann Larsen, as Trustee of the Larsen 2021 Family Trust, Subtrust A, and the Larsen 2021 Family Trust, Subtrust C, Katerina Voumvourakis, as Trustee of the Larsen 2021 Family Trust, Subtrust A, and the Larsen 2021 Family Trust, Subtrust B, Lydia Larsen, as Trustee of the Larsen 2021 Family Trust, Subtrust B, and the Larsen 2021 Family Trust, Subtrust C are dismissed as the trust is required to be represented by counsel and the trust's failure to appear by an attorney requires dismissal of the motions (see Martins v Liu, 216 AD3d 762; Gabayzadeh v Taylor, 639 F Supp 2d 298, 301-302; Jud. L §§ 478, 484); and it is further,

ORDERED that the branches of the motions by respondents Louann Larsen, Lydia Larsen, and Linnea Larsen which are for an extension of time to file their respective respondents' briefs under Appellate Division docket number 2024-00711 is granted, and on or before June 30, 2025, the respondents shall serve and file their respondents' briefs via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the briefs and upload a digital copy of the briefs, with proof of service thereof, through the digital portal on this Court's website; and it is further,

ORDERED that on the Court's own motion, the appeals will be calendared together and will be argued or submitted on the same date; and it is further,

ORDERED that the motions and cross-motion are otherwise denied.

BARROS, J.P., WARHIT, TAYLOR and GOLIA, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court