| Matter of Roth & Roth, LLP v Queens County District Attorney's Office |
| Motion No: 2021-05613 |
| Slip Opinion No: 2021 NY Slip Op 72612(U) |
| Decided on October 4, 2021 |
| 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
M279415
E/sl
MARK C. DILLON, J.P.
LINDA CHRISTOPHER
PAUL WOOTEN
DEBORAH A. DOWLING, JJ.
|
2021-05613 In the Matter of Roth & Roth, LLP, respondent, v Queens County District Attorney's Office, et al., appellants. (Index No. 705200/2019)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Queens County, dated June 24, 2021. Motion by the appellants, in effect, pursuant to CPLR 5520(a) to deem the notice of appeal, which was timely served, to be timely filed. Application by the appellants pursuant to 22 NYCRR 1250.9(b) to extend the time to perfect the appeal.
Upon the papers filed in support of the motion and the papers filed in relation thereto, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is granted and the notice of appeal, which was timely served, is deemed timely filed (see CPLR 5520[a]); and it is further,
ORDERED that the application is granted and on or before November 4, 2021, the appellants shall serve and file the record or appendix and the appellants' brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the record or appendix and the appellants' brief and upload digital copies of the record or appendix and the appellants' brief, with proof of service thereof, through the digital portal on this Court's website.
DILLON, J.P., CHRISTOPHER, WOOTEN and DOWLING, JJ., concur.
ENTER:
Maria T. Fasulo
Acting Clerk of the Court