Opinion
Motion No. 2023-08616 Index No. 500601/2018
05-08-2024
George Panos, respondent-appellant, v. Katerina Arvanitakis, appellant-respondent, et al., defendants.
Unpublished Opinion
MOTION DECISION
M296249
MARK C. DILLON, J.P., CHERYL E. CHAMBERS, LARA J. GENOVESI, LOURDES M. VENTURA, JJ.DECISION & ORDER ON MOTION
Appeal and cross-appeal from an order of the Supreme Court, Kings County, dated July 19, 2023. Motion by the appellant-respondent to stay all proceedings in the above-entitled action, including the trial, pending hearing and determination of the appeal and cross-appeal. Separate motion by the appellant-respondent to waive certification of the record pursuant to 22 NYCRR 1250.7(g), in effect, for leave to file a certain document in unredacted form, and to compel the respondent-appellant to pay his one-half share of the cost of the joint record. Cross-motion by the respondent-appellant to strike stated portions of the joint record, inter alia, on the ground that they contain matter dehors the record. Application by the appellant-respondent to extend the time to perfect the appeal.
Upon the papers filed in support of the motion to stay all proceedings and the application and no papers having been filed in opposition or in relation thereto, and upon the papers filed in support of the motion to waive certification of the joint record and the cross-motion and the papers filed in opposition thereto, it is
ORDERED that the application is granted, and on or before June 7, 2024, the appellant-respondent shall serve and file the joint record or appendix and the appellant-respondent's brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the joint record or appendix and the appellant-respondent's brief and upload digital copies of the joint record or appendix and the appellant-respondent's brief, with proof of service thereof, through the digital portal on this Court's website; and it is further, ORDERED that the cross-motion is denied without prejudice to renew after the joint record or appendix has been filed; and it is further, ORDERED that the branch of the motion which is to compel the respondent-appellant to pay his one-half share of the cost of the joint record is denied without prejudice to renew after the respondent-appellant has served and filed an answering brief, including the points of argument on the cross-appeal (see 22 NYCRR 1250.9[f][1][ii], [iv]); and it is further, ORDERED that the motions are otherwise denied.
DILLON, J.P., CHAMBERS, GENOVESI and VENTURA, JJ., concur.