Opinion
Motion Nos. 2021-05446 2022-05225 Index No. 1668/2017
12-19-2022
Earl R. Davis, et al., plaintiffs-respondents, v. Deidre Galloway, etc., appellant, Kathryn Elise Sosa, etc., et al., defendants-respondent et al., defendants. Earl R. Davis, et al., plaintiffs-respondents, v. Deidre Galloway, etc., appellant, Kathryn Elise Sosa, etc., et al., defendants-respondents, et al., defendants.
Unpublished Opinion
MOTION DECISION
M286465
FRANCESCA E. CONNOLLY, J.P., PAUL WOOTEN, JOSEPH A. ZAYAS, BARRY E. WARHIT, JJ.
DECISION & ORDER ON MOTION
Appeals from two orders of the Supreme Court, Kings County, dated June 10, 2021, and May 23, 2022. Motion by the appellant, inter alia, to consolidate the appeals. Joint cross motion by the respondents to extend the time to serve and file their respective briefs. Motion by Loeb & Loeb, LLP, for leave to withdraw as counsel for the appellant and to stay all proceedings in the appeals for a period of 30 days.
Upon the papers filed in support of the motions and cross motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the appellant's motion 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 branch of the cross motion which is to extend the respondents' time to serve and file their respective briefs in connection with the appeal under Appellate Division Docket No. is granted, and on or before January 18, 2023, the respondents shall serve and file their respective briefs via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the briefs and upload a digital copy of the briefs, with proof of service thereof, through the digital portal on this Court's website; and it is further, ORDERED that the cross motion is otherwise denied as premature; and it is further, ORDERED that the branch of the motion by Loeb & Loeb, LLP, which is for leave to withdraw as counsel is granted, and on or before January 18, 2023, Loeb & Loeb, LLP, shall serve its client by one of the methods specified in CPLR 2103(c), with a copy of this decision and order on motion and shall file proof of such service with the Clerk of this Court, via email at AD2-Motions@nycourts.gov; and it is further, ORDERED that the branch of the motion by Loeb & Loeb, LLP, which is to stay all proceedings for a period of 30 days is granted to the extent that no further proceedings shall be taken against the appellant, without leave of the Court, until the expiration of 30 days after service upon her of a copy of this decision and order on motion, and that the branch of the motion is otherwise denied; and it is further, ORDERED that on the Court's own motion, the appellant's time to perfect the appeal under Appellate Division Docket No. 2022-05225 is extended, and on or before April 18, 2023, the appellant shall 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.
CONNOLLY, J.P., WOOTEN, ZAYAS and WARHIT, JJ., concur.