Appellate Division: Second Judicial Department

M305746

AFA/

BETSY BARROS, J.P.

WILLIAM G. FORD

LOURDES M. VENTURA

DONNA-MARIE E. GOLIA, JJ.

2024-02286, 2024-07119, 2024-08618, 2024-08710 A.O.A. Management, LLC, appellant, v Glenisha Brown, defendant, Linton Brown, et. al., respondents. (Appeal No. 1) A.O.A. Management, LLC, appellant- respondent, v Glenisha Brown, etc., et. al., defendants, Linton Brown, respondent-appellant. (Appeal No. 2) A.O.A. Management, LLC, appellant, v Glenisha Brown, etc., et. al., defendants, Linton Brown, respondent. (Appeals No. 3 and 4) (Index No. 531163/2023)

DECISION AND ORDER ON MOTION

Appeals from two orders of the Supreme Court, Kings County, dated March 13, 2024, and July 18, 2024, respectively, from an order and judgment (one paper) of the same court dated August 19, 2024, and from a judgment of the same court dated August 22, 2024, and cross-appeal from the order dated July 18, 2024. Motion by A.O.A. Management, LLC, in effect, to stay enforcement of the orders, the order and judgment, and the judgment, to stay the sale and/or transfer of the subject property, and to stay all proceedings to cause the ejectment of A.O.A. Management, LLC from the subject property, pending hearing and determination of the appeals and cross-appeal, and to consolidate the appeals and cross-appeal. Motion by Linton Brown and Garfield Heslop, in effect, to extend the time for Linton Brown to file an answering brief and to extend the time for Garfield Heslop to file a respondent's brief.

Upon the papers filed in support of the motion by A.O.A. Management, LLC and the papers filed in opposition thereto, and upon the papers filed in support of the motion by the Linton Brown and Garfield Heslop and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branches of the motion by A.O.A. Management, LLC, which are to stay enforcement of the orders, the order and judgment, and the judgment, to stay the sale and/or transfer of the subject property, and to stay all proceedings to cause the ejectment of A.O.A. Management, LLC from the subject property, pending hearing and determination of the appeals and cross-appeal, are granted, and enforcement of the orders, the order and judgment, and the judgment, the sale and/or transfer of the subject property, and all proceedings to cause the ejectment of the A.O.A. Management, LLC from the subject property are stayed, pending hearing and determination of the appeals and cross-appeal; and it is further,

ORDERED that the branch of the motion which is to consolidate the appeals from the orders is denied as unnecessary as the appeals from the orders have been consolidated as of right (see 22 NYCR 1250.9[f][3]); and it is further

ORDERED that the branch of the motion by A.O.A. Management, LLC which is to consolidate the appeals and cross-appeal from the orders with the appeals from the order and judgment and the judgment is granted, the appeals and cross-appeal are consolidated, the joint record and appellant's brief filed in connection with the appeals and cross-appeal from the orders are deemed also to be filed in connection with the appeals from the order and judgment and the judgment, and on or before August 1, 2025, A.O.A. Management, LLC shall serve and file, via NYSCEF, a replacement brief which contains Appellate Division Docket Nos. 2024-08618 and 2024-08710 in addition to Appellate Division Docket Nos. 2024-02286 and 2024-07119 on the cover, and a replacement joint record which contains the order and judgment, the judgment, and the notices of appeal from the order and judgment and the judgment, and Appellate Division Docket Nos. 2024-08618 and 2024-08710 in addition to Appellate Division Docket Nos. 2024-02286 and 2024-07119 on the covers; and it is further,

ORDERED that on the Court's own motion, the notice of cross-appeal from the order dated July 18, 2024, is deemed to be a notice of cross-appeal from the order and judgment (see CPLR 5512[a]), and a premature notice of cross appeal from the judgment (see CPLR 5520[c]); and it is further;

ORDERED that the branch of the motion by Linton Brown and Garfield Heslop which is to extend the time for Linton Brown to file an answering brief is granted, and on or before September 2, 2025, Linton Brown shall serve and file his answering brief, including the points of argument on the cross-appeal (see 22 NYCRR 1250.9[f][1][iv]), via NYSCEF, if applicable, or if NYSCEF is not mandated, serve the answering brief and upload a digital copy of the answering brief, with proof of service thereof, through the digital portal on this Court's website.

ORDERED that the branch of the motion by Linton Brown and Garfield Heslop which is to extend the time for Garfield Heslop to file a respondent's brief is granted, and on or before September 2, 2025, Garfield Heslop shall serve and file his respondent's brief, via NYSCEF, if applicable, or if NYSCEF is not mandated, serve the respondent's brief and upload a digital copy of the respondent's brief, with proof of service thereof, through the digital portal on this Court's website.

BARROS, J.P., FORD, VENTURA and GOLIA, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court