| Yu Ping Wang v Chavez |
| Motion No: 2021-00623 |
| Slip Opinion No: 2022 NY Slip Op 61993(U) |
| Decided on February 18, 2022 |
| 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
M281547
MB/
MARK C. DILLON, J.P.
BETSY BARROS
JOSEPH J. MALTESE
JOSEPH A. ZAYAS, JJ.
|
2021-00623 Yu Ping Wang, et al., appellants, v Saul Chavez, et al., respondents. (Index No. 709719/2020)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Queens County, entered December 29, 2020. Motion by the respondents to dismiss the appeal on the ground that no appeal lies from an order entered upon the default of the appealing party or, in the alternative, to extend the time to serve and file a respondents' 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 March 21, 2022, the respondents shall serve and file the respondents' 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.
DILLON, J.P., BARROS, MALTESE and ZAYAS, JJ., concur.
ENTER:
Maria T. Fasulo
Clerk of the Court