Appellate Division: Second Judicial Department

M290798

AFA/

COLLEEN D. DUFFY, J.P.

PAUL WOOTEN

BARRY E. WARHIT

CARL J. LANDICINO, JJ.

2022-07385 399 Broadway Holdings, LLC, respondent, v Dilip Das, et al., defendants, Majada, Inc., appellant. (Index No. 700484/2015)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Queens County, dated August 19, 2022. Motion by the respondent to dismiss the appeal on the ground that the appellant is not aggrieved by the order or, in the alternative, to extend the time to serve and file a brief. Separate motion by the respondent to extend the time to serve and file a brief.

Upon the papers filed in support of the motion to dismiss the appeal and the papers filed in opposition thereto, and upon the papers filed in support of the motion to extend the time to serve and file a brief, 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 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 and the separate motion which is to extend the time to serve and file a brief are granted, and on or before September 29, 2023, 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.

DUFFY, J.P., WOOTEN, WARHIT and LANDICINO, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court