| Pascual v Rustic Woods Homeowners Association, Inc. |
| Motion No: 2021-05269 |
| Slip Opinion No: 2023 NY Slip Op 62949(U) |
| Decided on March 6, 2023 |
| 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
M287708
AFA/
MARK C. DILLON, J.P.
JOSEPH J. MALTESE
PAUL WOOTEN
BARRY E. WARHIT, JJ.
|
2021-05269 Renato J. Pascual, et al., appellants, v Rustic Woods Homeowners Association, Inc., et al., respondents, et al., defendant. (Index No. 101146/2013)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Richmond County, dated March 19, 2021. Joint motion by the respondents to dismiss the appeal on the ground that no appeal lies from an order denying a motion for reargument, or in the alternative, to extend the time to serve and file their respective briefs.
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 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 which is to extend the time to serve and file the respondents' respective briefs is granted, and on or before April 5, 2023, the respondents shall serve and file their respective briefs via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve their respective briefs and upload a digital copy of their respective briefs, with proof of service thereof, through the digital portal on this Court's website.
DILLON, J.P., MALTESE, WOOTEN and WARHIT, JJ., concur.
ENTER:
Maria T. Fasulo
Clerk of the Court