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

July 6, 2026

2021-09260, 201019/2014

Betsy Barros, J.P.

Lara J. Genovesi

Cheryl E. Chambers

Janice A. Taylor, JJ.

[*1]

DECISION & ORDER ON MOTION

Appeal from a decision and order (one paper) of the Supreme Court, Nassau County, dated November 4, 2021. Application by the appellant to extend the time to perfect the appeal. By order to show cause dated June 6, 2022, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal on the ground that no appeal lies from a decision (see Schicchi v J.A. Green Constr. Co., 100 AD2d 509) and/or on the ground that no appeal lies from an order that is not result the result of a motion made on notice and leave to appeal has not been granted (see CPLR 5701), and the application 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 application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion 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 on or before September 8, 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.

BARROS, J.P., GENOVESI, CHAMBERS and TAYLOR, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court