Chang v PV Holding Corp.
Motion No: 2021-03098
Slip Opinion No: 2022 NY Slip Op 72521(U)
Decided on September 30, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M285206

AFA/

MARK C. DILLON, J.P.

COLLEEN D. DUFFY

FRANCESCA E. CONNOLLY

JOSEPH J. MALTESE, JJ.

2021-03098

Chyanna Chang, plaintiff-respondent,

v PV Holding Corp., appellant,

et al., defendant, Kevin Allum,

et al., defendants-respondents.

(Index No. 505889/2018)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Kings County, dated March 26, 2021. Motion by the plaintiff, inter alia, to dismiss the appeal or, in the alternative, to designate the plaintiff as a respondent on the appeal and to extend the time to serve and file a brief. By decision and order on motion dated March 16, 2022, the matter was referred to the Supreme Court, Kings County, to report on whether it considered the plaintiff's reply brief in connection with the cross motion by PV Holding Corp. for summary judgment, which was determined by the order dated March 26, 2021, and the motion was held in abeyance in the interim. The Supreme Court, Kings County, filed its report dated September 23, 2022.

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 designate the plaintiff as a respondent on the appeal is granted, and on or before November 30, 2022, the appellant shall serve and file, via NYSCEF, replacement digital copies of the appendix and appellant's brief which designate the plaintiff as a respondent; and it is further,

ORDERED that the branch of the motion which is to extend the time to file a brief is granted, and on or before December 30, 2022, the plaintiff-respondent shall serve and file her 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.

DILLON, J.P., DUFFY, CONNOLLY and MALTESE, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court