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

May 4, 2026

2025-01451, 59258/2022, 2026-04410

Mark C. Dillon, J.P.

Cheryl E. Chambers

Lillian Wan

Laurence L. Love, JJ.

[*1]

DECISION & ORDER ON MOTION

Appeal from a decision and order (one paper) of the Supreme Court, Westchester County, dated December 23, 2024. Motion by the appellant to extend the time to perfect the appeal. By order to show cause dated December 10, 2025, 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 the appellant's motion was held in abeyance in the interim. Application by the appellant, in effect, to deem the notice of appeal from the decision and order to reflect that an appeal is also taken from an order of the same court dated December 31, 2024.

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

ORDERED that the motion 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 application is granted and the notice of appeal from the decision and order is deemed to reflect that an appeal is also taken from the order dated December 31, 2024 (see CPLR 2001; Matter of Tagliaferri, 1 NY3d 605); and it is further,

ORDERED that the motion to extend the time to perfect the appeal from the decision and order is granted, on the Court's own motion, the time to perfect the appeal from the order is extended, and on or before June 3, 2026, the appellant shall serve and file the record or appendix and the appellant's brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the record or appendix and the appellant's brief and upload digital copies of the record or appendix and the appellant's brief, with proof of service thereof, through the digital portal on this Court's website.

DILLON, J.P., CHAMBERS, WAN and LOVE, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court