Appellate Division: Second Judicial Department

M306789

AFA/

CHERYL E. CHAMBERS, J.P.

PAUL WOOTEN

BARRY E. WARHIT

PHILLIP HOM, JJ.

2023-09930, 2024-04494 In the Matter of Stephanie DiCapua, et al., respondents-appellants, v City of New York, et al., appellants-respondents. (Appeal No. 1) In the Matter of Stephanie DiCapua, et al., respondents, v City of New York, et al., appellants. (Appeal No. 2) (Index No. 85035/2023)

DECISION & ORDER ON MOTION

2024-08121

In the Matter of Stephanie DiCapua, et al.,

respondents-appellants, v City of New York,

et al., appellants-respondents.

(Index No. 85035/2023)

Appeal and cross-appeal from an order of the Supreme Court, Richmond County, dated September 6, 2023, and from an amended order and judgment (one papers) of the same court dated June 12, 2024, and appeal from an order and judgment (one paper) of the same court dated February 28, 2024. Motion by the City of New York and New York City Department of Education to consolidate the appeal and cross-appeal from the order and the appeal from the order and judgment, with the appeal and cross-appeal from the amended order and judgment, and to extend the time to serve and file an answering brief on the cross-appeal from the order.

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

ORDERED that the branch of the motion which is to consolidate the appeal and cross-appeal from the order and the appeal from the order and judgment, with the appeal and cross-appeal from the amended order and judgment, is denied; and it is further,

ORDERED that on the Court's own motion, the appeal and cross-appeal from the order and the appeal from the order and judgment, and the appeal and cross-appeal from the amended order and judgment, will be calendared together and will be argued or submitted on the same date; and it is further,

ORDERED that the branch of the motion which is to extend the time to serve and file an answering brief on the cross-appeal from the order is granted, and on or before August 25, 2025, the City of New York and New York City Department of Education shall serve and file their 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 and upload a digital copy of the answering brief, with proof of service thereof, through the digital portal on this Court's website.

CHAMBERS, J.P., WOOTEN, WARHIT and HOM, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court