Opinion
Motion 533284
10-29-2021
WENDELL C. WILLIAMS, Respondent, v. PHYLLIS SCAFIDI, Appellant.
Unpublished Opinion
MOTION DECISION
DECISION AND ORDER ON MOTION
Motion, pursuant to CPLR 5520 (c), to deem notice of appeal taken from order of Supreme Court dated March 19, 2021 to be valid notice of appeal taken from judgment of Supreme Court dated April 1, 2021, for stay pending appeal and for calendar preference.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion, pursuant to CPLR 5520 (c), to deem the notice of appeal taken from the order of Supreme Court dated March 19, 2021 to be a valid notice of appeal taken from the judgment of Supreme Court dated April 1, 2021 is granted, without costs, and it is further
ORDERED that the motion for a stay pending appeal is denied, without costs, and it is further
ORDERED that the motion for a calender preference is granted, without costs, to the extent that the appeal is set down for the February 2022 term of this Court. The record on appeal and appellant's brief shall be filed and served on or before December 1, 2021. Respondent's brief shall be filed and served on or before January 3, 2022. The reply brief, if any, shall be filed and served on or before January 13, 2022.
Garry, P.J., Lynch, Pritzker and Reynolds Fitzgerald, JJ., concur.