Supreme Court of the State of New York, Appellate Division : Second Judicial Department

April 6, 2026

2025-02666, 50741/2016

Francesca E. Connolly, J.P.

Linda Christopher

Barry E. Warhit

Donna-Marie E. Golia, JJ.

[*1]

DECISION & ORDER ON MOTION

Appeal from an amended order of the Supreme Court, Kings County, dated February 13, 2025. Motion by the respondent to extend the time to serve and file a brief. By order to show cause dated February 9, 2026, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal in the above-entitled action on the ground that no appeal lies from a decision (see Schicchi v J.A. Green Constr. Co., 100 AD2d 509) and/or that no appeal lies as of right from an order that is not the result of a motion made on notice (see CPLR 5701), and leave to appeal has not been granted, and the motion was held in abeyance in the interim.

Now, upon the order to show cause and the papers filed in response, and upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion to dismiss the appeal is denied; and it is further,

ORDERED that the motion by the respondent to extend the time to serve and file a brief is granted, and on or before May 6, 2026, the respondent shall serve and file the respondent's 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.

CONNOLLY, J.P., CHRISTOPHER, WARHIT and GOLIA, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court