| Matter of Ball v Schroeder |
| Motion No: 2022-09319 |
| Slip Opinion No: 2023 NY Slip Op 73586(U) |
| Decided on September 20, 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
M291151
AFA/
FRANCESCA E. CONNOLLY, J.P.
JOSEPH J. MALTESE
DEBORAH A. DOWLING
CARL J. LANDICINO, JJ.
|
2022-09319 In the Matter of Charles E. Ball, Jr., respondent, v Mark J. F. Schroeder, et al., appellants. (Index No. 605838/2022)
| DECISION & ORDER ON MOTION |
Appeal from a judgment of the Supreme Court, Nassau County, dated September 28, 2022. Motion by the respondent to dismiss the appeal as untimely taken, to confirm that no automatic stay of the judgment is in effect pursuant to CPLR 5519(a)(1), or, in the alternative, to vacate any automatic stay of the judgment pursuant to CPLR 5519(a)(1).
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 confirm that no automatic stay of the judgment is in effect pursuant to CPLR 5519(a)(1) is granted; and it is further,
ORDERED that the motion is otherwise denied as academic.
CONNOLLY, J.P., MALTESE, DOWLING and LANDICINO, JJ., concur.
ENTER:
Darrell M. Joseph
Acting Clerk of the Court