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

June 8, 2026

2024-12879, 708723/2018

Valerie Brathwaite Nelson, J.P.

Barry E. Warhit

Phillip Hom

Lisa S. Ottley, JJ.

[*1]

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Queens County, dated October 8, 2024. Motion by the appellant to extend the time to perfect the appeal, and for waiver of costs, fees, and expenses. By order to show cause dated September 19, 2025, the parties were directed to show cause before this Court why an order should not be made and entered dismissing the appeal on the ground that the appellant is not aggrieved by the order, and the appellant's motion was held in abeyance in the interim.

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 papers filed in opposition thereto, 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 branch of the motion by the appellant which is to extend the time to perfect the appeal is granted, and on or before August 7, 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; and it is further,

ORDERED that the branch of the motion by the appellant which is for waiver of costs, fees, and expenses is denied.

BRATHWAITE NELSON, J.P., WARHIT, HOM and OTTLEY, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court