Appellate Division: Second Judicial Department

M310598

ID/

MARK C. DILLON, J.P.

DEBORAH A. DOWLING

LILLIAN WAN

PHILLIP HOM, JJ.

2024-02763 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

2024-02770

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)

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 order dated September 19, 2023, were dismissed by decision and order on motion of this Court dated September 10, 2025, on the ground that they were untimely taken. The appeals from the orders dated June 6, 2023, and February 5, 2024, and from the judgment were deemed dismissed pursuant to 22 NYCRR 1250.10(a). Joint motion by the appellants, inter alia, to compel the respondent to disclose certain material, to take judicial notice of certain material, and, in effect, to direct the Supreme Court, Kings County, to transfer the above-entitled action for further proceedings before a different Justice. Motion by the respondent, inter alia, to impose sanctions upon the appellants. Separate joint motion by the appellants, in effect, for leave to serve and file an oversized brief on the appeals from the orders dated February 26, 2025, and March 4, 2025, and to extend the time to perfect the appeals from the orders dated February 26, 2025, and March 4, 2025. Separate joint motion by the appellants, inter alia, in effect, to recuse certain Justices of this Court on the appeals. Separate joint motion by the appellants, inter alia, in effect, to reargue the motions which were determined by decision and order on motion of this Court dated September 10, 2025, and, in effect, to extend the time to comply with the decision and order on motion dated September 10, 2025. Separate joint motion by the appellants, inter alia, for leave to appeal to the Court of Appeals from the decision and order on motion of this Court dated September 10, 2025.

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

ORDERED that the branch of the motion by the appellants which is for an extension of time to perfect the appeals from the orders dated February 26, 2025, and March 4, 2025, is granted, and on or before March 16, 2026, the appellants shall serve and file the joint record or appendix and the appellants' briefs via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the joint record or appendix and the appellants' briefs and upload digital copies of the joint record or appendix and the appellants' 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 appellants which is, in effect, for leave to serve and file an oversized brief on the appeals from the orders dated February 26, 2025, and March 4, 2025, is denied without prejudice to making an application for leave to file an oversized brief pursuant to 22 NYCRR 1250.9(h); and it is further,

ORDERED that the branch of the motion which is, in effect, to extend the time to comply with the decision and order on motion of this Court dated September 10, 2025, is granted, the appellants' time to comply with the decision and order on motion of this Court dated September 10, 2025, is extended, and on or before February 13, 2026, the appellants shall serve and file a replacement record on the appeal from the order dated January 13, 2025, 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 on the Court's own motion, the respondent's time to serve and file a brief on the appeal from the order dated January 13, 2025, is extended, and on or before March 16, 2026, 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 on the Court's own motion, the appellants are precluded from making any further motions or applications in connection with these appeals, without prior leave of this Court; and it is further,

ORDERED that the motions are otherwise denied.

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

ENTER:

Darrell M. Joseph

Clerk of the Court