Opinion
2021-74388 Motion 2020-09056
11-12-2021
Shawn Fulcher, respondent, v. Empire State Grand Council Ancient & Accepted Scottish Rite Masons, Inc., appellant. Index No. 511435/2017
Unpublished Opinion
MOTION DECISION
CHERYL E. CHAMBERS, J.P. SYLVIA O. HINDS-RADIX ROBERT J. MILLER FRANCESCA E. CONNOLLY, JJ.
DECISION & ORDER ON MOTION
Appeal from an order of the Supreme Court, Kings County, dated October 1, 2020. Motion by the respondent to dismiss the appeal on the ground that no appeal lies from an order denying reargument, or, in the alternative, to extend the time to serve and file a brief.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to dismiss the appeal is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; and it is further, ORDERED that the branch of the motion which is to extend the time to serve and file a brief is granted, and on or before December 13, 2021, 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.
CHAMBERS, J.P., HINDS-RADIX, MILLER and CONNOLLY, JJ., concur.