From Casetext: Smarter Legal Research

Schearer v. Fitzgerald

Supreme Court of New York, Second Department
Nov 6, 2024
2024 N.Y. Slip Op. 77991 (N.Y. App. Div. 2024)

Opinion

Motion Nos. 2024-00534 2024-04072 Index No. 514920/2020

11-06-2024

Elizabeth Schearer, respondent, v. Albion Fitzgerald, appellant.


Unpublished Opinion

MOTION DECISION

M300525

BETSY BARROS, J.P., VALERIE BRATHWAITE NELSON, BARRY E. WARHIT, JAMES P. MCCORMACK, JJ.

DECISION & ORDER ON MOTION

Appeals from two orders of the Supreme Court, Kings County, dated November 15, 2013, and April 18, 2024, respectively. Motion by the appellant to stay all proceedings in the above-entitled action, pending hearing and determination of the appeal from the order dated November 15, 2013. Separate motion by the appellant to stay all proceedings in the above-entitled action, pending hearing and determination of the appeal from the order dated April 18, 2024. Motion by the respondent to extend the time to serve and file a brief on the appeal from the order dated November 15, 2013.

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

ORDERED that the motions to stay all proceedings in the above-entitled action are denied; and it is further, ORDERED that the motion to extend the time to serve and file a brief on the appeal from the order dated November 15, 2013, is granted, and on or before December 6, 2024, the respondent shall serve and file the respondent's brief on the appeal from the order dated November 15, 2013, 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.

BARROS, J.P., BRATHWAITE NELSON, WARHIT and MCCORMACK, JJ., concur.


Summaries of

Schearer v. Fitzgerald

Supreme Court of New York, Second Department
Nov 6, 2024
2024 N.Y. Slip Op. 77991 (N.Y. App. Div. 2024)
Case details for

Schearer v. Fitzgerald

Case Details

Full title:Elizabeth Schearer, respondent, v. Albion Fitzgerald, appellant.

Court:Supreme Court of New York, Second Department

Date published: Nov 6, 2024

Citations

2024 N.Y. Slip Op. 77991 (N.Y. App. Div. 2024)