| Mcallister v Wayside Out-Reach Development, Inc. |
| Motion No: 2020-09604 |
| Slip Opinion No: 2022 NY Slip Op 68063(U) |
| Decided on June 29, 2022 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M283708
MB/
ANGELA G. IANNACCI, J.P.
ROBERT J. MILLER
LARA J. GENOVESI
WILLIAM G. FORD, JJ.
|
2020-09604 John D. Mcallister, appellant, v Wayside Out-Reach Development, Inc., respondent. (Index No. 519844/2019)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Kings County, dated December 11, 2020. Motion by the respondent to dismiss the appeal on the ground that the appellant failed to serve a notification of case number pursuant to 22 NYCRR 1245.3(b)(1), or in the alternative, in effect, to extend the time to serve and file a brief.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to dismiss the appeal is denied; 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 29, 2022, 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.
IANNACCI, J.P., MILLER, GENOVESI and FORD, JJ., concur.
ENTER:
Maria T. Fasulo
Clerk of the Court