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

June 15, 2026

2025-06932, 525984/2023, 2025-10451

Betsy Barros, J.P.

William G. Ford

James P. McCormack

Lisa S. Ottley, JJ.

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DECISION & ORDER ON MOTION

Appeals from two orders of the Supreme Court, Kings County, dated May 5, 2025, and July 1, 2025, respectively. Motion by the respondent, in effect, to dismiss appeal from the order dated May 5, 2025, on the ground that no appeal lies from an order issued upon the default of the appealing party, to dismiss the appeal from the order dated July 1, 2025, on the ground that no appeal lies from an order denying reargument, or, in the alternative to extend the time to serve and file a brief.

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 branch of the motion which is to dismiss the appeal from the order dated May 5, 2025, is held in abeyance and referred to the panel of Justices hearing the appeals 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 July 15, 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; and it is further,

ORDERED that the motion is otherwise denied.

BARROS, J.P., FORD, MCCORMACK and OTTLEY, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court