| M&T Bank v Kobas and Salih Realty, Ltd |
| Motion No: 2022-09978 |
| Slip Opinion No: 2023 NY Slip Op 74154(U) |
| Decided on September 27, 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
M291269
AFA/
VALERIE BRATHWAITE NELSON, J.P.
DEBORAH A. DOWLING
BARRY E. WARHIT
LAURENCE L. LOVE, JJ.
|
2022-09978 M & T Bank, respondent, v Kobas and Salih Realty, Ltd, etc., et al., defendants, Brooklyn Masjid and Islamic Center, appellant.
(Index No. 504502/2019)
| DECISION & ORDER ON MOTION |
Appeal from a purported judgment of the Supreme Court, Kings County, entered August 17, 2022. By order to show cause dated December 19, 2022, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal on the ground that no judgment of the Supreme Court, Kings County, entered August 17, 2022, was issued in the above-entitled matter. Application by the appellant, in effect, to deem the notice of appeal to be from an order and judgment (one paper) of the Supreme Court, Kings County, dated September 6, 2022. Application by the appellant to extend the time to perfect the appeal.
Now, upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the applications and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion to dismiss the appeal is denied; and it is further,
ORDERED that the application by the appellant, in effect, to deem the notice of appeal to be from an order and judgment (one paper) of the Supreme Court, Kings County, dated September 6, 2022, is granted and the notice of appeal is deemed to be from the order and judgment of the Supreme Court, Kings County, dated September 6, 2022; and it is further,
ORDERED that the application by the appellant to extend the time to perfect the appeal is granted, and on or before November 27 , 2023, the appellant shall serve and file the record or appendix and the appellant's brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the record or appendix and the appellant's brief and upload digital copies of the record or appendix and the appellant's brief, with proof of service thereof, through the digital portal on this Court's website.
BRATHWAITE NELSON, J.P., DOWLING, WARHIT and LOVE, JJ., concur.
ENTER:
Darrell M. Joseph
Acting Clerk of the Court