Appellate Division: Second Judicial Department

M306381

AFA/

MARK C. DILLON, J.P.

LILLIAN WAN

JANICE A. TAYLOR

LOURDES M. VENTURA, JJ.

2024-09315, 2024-12182 Monalesa D. Brackett, etc., et al., appellants, v Ray G. Sheppard, respondent. (Index No. 2875/2018)

DECISION & ORDER ON MOTION

2024-09693

Monalesa D. Brackett, etc., et al., appellants,

v Ray G. Sheppard, respondent.

(Index No. 2875/2018)

Appeals from a decision of the Supreme Court, Kings County, dated May 1, 2024, and two orders of the same court dated September 24, 2024, and June 11, 2024, respectively. The appeal from the order dated June 11, 2024, was deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by the appellants to stay enforcement of the decision dated May 1, 2024, and the order dated June 11, 2024, pending hearing and determination of the appeals. By order to show cause dated March 28, 2025, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal from the decision dated May 1, 2024, in the above-entitled action on the ground that no appeal lies from a decision, and the appellants' motion was held in abeyance in the interim. Separate motion by the appellants pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the appeal from the order dated June 11, 2024, to extend the time to perfect the appeal from the order dated June 11, 2024, and to consolidate the appeals.

Now, upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the motion to stay enforcement of the decision and the order dated June 11, 2024, and the papers filed in opposition thereto, and upon the papers filed in support of motion to vacate the dismissal of the appeal from the order dated June 11, 2024, to extend the time to perfect that appeal, and to consolidate the appeals and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branches of the motion which are to vacate the dismissal of the appeal from the order dated June 11, 2024, and to extend the time to perfect that appeal are granted, the dismissal of the appeal from the order dated June 11, 2024, pursuant to 22 NYCRR 1250.10(a) is vacated, and on or before August 8, 2025, the appellants shall and serve and file the record or appendix and the appellant's brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the record or appendix and the appellant's brief and upload digital copies of the record or appendix and the appellant's brief, 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 which is to consolidate the appeals is denied 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 motion to dismiss the appeal from the decision is held in abeyance and referred to the panel of Justices hearing the appeals for determination upon the argument or submission thereof; and it is further,

ORDERED that the motion to stay enforcement of the decision and the order dated June 11, 2024, pending hearing and determination of the appeals is granted, and enforcement of the decision and the order dated June 11, 2024, is stayed, pending hearing and determination of the appeals.

DILLON, J.P., WAN, TAYLOR and VENTURA, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court