| Johnson-Hendy v Mosu |
| Motion No: 2018-12264 |
| Slip Opinion No: 2019 NY Slip Op 69799(U) |
| Decided on May 8, 2019 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M262652
E/mm
RUTH C. BALKIN, J.P.
JOHN M. LEVENTHAL
SHERI S. ROMAN
FRANCESCA E. CONNOLLY, JJ.
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2018-12264 Cassandra Johnson-Hendy, appellant, v Nicolae Mosu, etc., et al., respondents, et al., defendants. (Index No. 701900/15)
| DECISION & ORDER ON MOTION |
Motion by the respondent Nicolae Mosu, and separate motion by the respondent Hemangi Shukla, to dismiss an appeal from so much of an order of the Supreme Court, Queens County, entered September 24, 2018, as denied the appellant's motion, denominated as one pursuant to CPLR 4404, but treated as one for leave to reargue pursuant to CPLR 2221(d), on the ground that no appeal lies therefrom. Separate motion by the respondent Steven Inglis, inter alia, to dismiss the appeal from so much of the order as denied the appellant's motion, denominated as one pursuant to CPLR 4404, but treated as one for leave to reargue pursuant to CPLR 2221(d), on the ground that no appeal lies therefrom. Application by the appellant pursuant to 22 NYCRR 1250.9(b) to extend the time to perfect an appeal from an order of the Supreme Court, Queens County, entered September 24, 2018.
Upon the papers filed in support of the motions and the application, and the papers filed in opposition thereto, it is
ORDERED that the motion by the respondent Nicolae Mosu, the separate motion by the respondent Hemangi Shukla, and the branch of the motion by the respondent Steven Inglis which is to dismiss the appeal from so much of the order as denied the appellant's motion, denominated as one pursuant to CPLR 4404, but treated as one for leave to reargue pursuant to CPLR 2221(d), on the ground that no appeal lies therefrom are 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 motion by the respondent Steven Inglis is otherwise denied; and it is further,
ORDERED that the application is granted, the appellant's time to perfect the appeal is extended until June 7, 2019, and the record or appendix on the appeal and the appellant's brief shall be served and filed on or before that date.
BALKIN, J.P., LEVENTHAL, ROMAN and CONNOLLY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court