Appellate Division: Second Judicial Department

M305451

AFA/

ROBERT J. MILLER, J.P.

DEBORAH A. DOWLING

LILLIAN WAN

PHILLIP HOM, JJ.

2024-02763, 2024-02770 HOF I Grantor Trust 5, respondent, v YLW Squared Inc., et al., defendants-appellants, et al., defendant; Leon Watson, nonparty-appellant. (Index No. 531361/2022)

DECISION & ORDER ON MOTION

2024-05611, 2024-05614

HOF I Grantor Trust 5, respondent,

v YLW Squared Inc., et al., defendants-appellants,

et al., defendant; Leon Watson, nonparty-appellant.

(Index No. 531361/2022)

2025-01841

HOF I Grantor Trust 5, respondent,

v YLW Squared Inc., et al., defendants-appellants,

et al., defendant; Leon Watson, nonparty-appellant.

(Index No. 531361/2022)

2025-03395, 2025-03397

HOF I Grantor Trust 5, respondent,

v YLW Squared Inc., et al., defendants-appellants,

et al., defendant; Leon Watson, nonparty-appellant.

(Index No. 531361/2022)

Appeals from six orders of the Supreme Court, Kings County, dated September 19, 2023, June 6, 2023, February 5, 2024, January 13, 2025, February 26, 2025, and March 4, 2025, respectively, and a judgment of the same court dated February 29, 2024. The appeals from the orders dated June 6, 2023, and February 5, 2024, were deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by the defendants-appellants, inter alia, pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the appeals from the orders dated June 6, 2023, and February 5, 2024, and to stay all proceedings in the above-entitled action, pending hearing and determination of those appeals. Cross-motion by the respondent to dismiss the appeals from the orders dated September 19, 2023, June 6, 2023, and February 5, 2024, and the judgment, inter alia, on the ground that the appeals from the orders dated September 19, 2023, June 6, 2023, and February 5, 2024, and the judgment were untimely taken. Separate motion by the defendant-appellant Yvonne Williams and the nonparty appellant to consolidate the appeals from the order dated September 19, 2023, and the judgment, with the appeals from the orders dated June 6, 2023, and February 5, 2024. Separate motion by the defendant-appellant Yvonne Williams, inter alia, to stay the sale of the subject property, pending hearing and determination of the appeals from the order dated September 19, 2023, and the judgment, and, in effect, for summary reversal of order dated June 6, 2023, and the judgment. Separate motion by the defendants-appellants and nonparty appellant, inter alia, to stay the sale of the subject property, pending hearing and determination of the appeals from the orders dated February 26, 2025, and March 4, 2025. Separate motion by the defendants-appellants and the nonparty appellant, inter alia, to stay all proceedings in the above-entitled action, pending hearing and determination of the appeal from the order dated January 13, 2025, and for a preference in the calendaring of the appeal from the order dated January 13, 2025. Separate motion by the defendant-appellant Yvonne Williams and the nonparty appellant, inter alia, to enlarge the record on the appeal from the order dated September 19, 2023, and the judgment to include certain material and, in effect, to extend the time to perfect the appeals from the order dated September 19, 2023, and the judgment. Separate motion by the defendant-appellant Yvonne Williams, inter alia, to strike the opposition papers to her motion pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the appeals from the orders dated June 6, 2023, and February 5, 2024. Separate motion by the respondent to strike stated portions of the record and appellant's brief on the appeal from the order dated January 13, 2025, on the ground that they contain and refer to matter dehors the record and to extend the time to serve and file a brief on the appeal from the order dated January 13, 2025. Separate motion by the defendant-appellant Yvonne Williams to impose sanctions upon the respondent and for an award of attorney's fees.

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

ORDERED that the motion by the defendants-appellants, inter alia, pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the appeals from the orders dated June 6, 2023, and February 5, 2024, and to stay all proceedings in the above-entitled action, pending hearing and determination of those appeals, is denied; and it is further,

ORDERED that the branch of the cross-motion by the respondent which is to dismiss the appeals from the orders dated June 6, 2023, and February 5, 2024, and the motion by the defendant-appellant Yvonne Williams and the nonparty appellant to consolidate the appeals from the order dated September 19, 2023, and the judgment with the appeals from the orders dated June 6, 2023, and February 5, 2024, are denied as academic; and it is further,

ORDERED that the branch of the cross-motion by the respondent which is to dismiss the appeal from the order dated September 19, 2023, on the ground that it was untimely taken is granted, and the appeal is dismissed, without costs or disbursements (see CPLR 5513); and it is further,

ORDERED that the branch of the motion by the defendant-appellant Yvonne Williams and the nonparty appellant which is to extend the time to perfect the appeal from the order dated September 19, 2023, is denied as academic; and it is further,

ORDERED that the branch of the motion by the defendant-appellant Yvonne Williams and nonparty appellant which is to extend the time to perfect the appeal from the judgment, is granted, and on or before October 10, 2025, the defendant-appellant Yvonne Williams and the nonparty appellant shall serve and file the joint record or appendix and their respective appellants' briefs via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the joint record or appendix and their respective briefs and upload digital copies of the record or appendix and their respective briefs, 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 by the respondent which is to strike stated portions of the record and brief on the appeal from the order dated January 13, 2025, is granted, pages R37 through R48, R142 through R199, R333 through R342, R358 through R428, R433 through R760, R881 through R920, R925 through R939, R952 through R1001, R1007 through R1008, R1015 through R1018, R1039 through R1666, R1668 through R1758, R1763 through R1797, R1801 through R1803, R1805 through R2144, R2180 through R2544, R3190 through R3192, R3201 through R3207, R3214 through R3231, R3250 through R3651, R3654 through R3670, R3675 through R3715, R3718 through R4918, R4936 through R5109, R5125 through R5188, R5190 through R5211, R5500 through R5561, R5569 through R5589, R5594 through 5670, R5710 through R5807, R5833 through R5836, R5840 through R5846, R5852 through R5881, R5886 through R5918, R6065 through R6648, R6657 through R6720, R6722 through R8280, R8294 through 8317, R8514 through R11,438 of the record, and the appellants' brief, are stricken, and on or before October 10, 2025, the appellants shall serve and file a replacement record that does not contain the stricken material, and a replacement appellants' brief that does not refer to the stricken material, but which are in all other respects the same as the record and appellants' brief previously filed, via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the replacement record and brief and upload digital copies of the replacement record and 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 by the respondent which is to extend the time to serve and file a brief on the appeal from the order dated January 13, 2025, is granted, and on or before November 10, 2025, the respondent shall serve and file the respondent's brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the brief and upload a digital copy of the brief, with proof of service thereof, through the digital portal on this Court's website; and it is further,

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

MILLER, J.P., DOWLING, WAN and HOM, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court