Lubin v Ross
Motion No: 2022-01102
Slip Opinion No: 2023 NY Slip Op 74762(U)
Decided on October 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M291457

AFA/

HECTOR D. LASALLE, P.J.

ROBERT J. MILLER

LARA J. GENOVESI

LAURENCE L. LOVE, JJ.

2022-01102

David Lubin, appellant,

v Charles A. Ross, et al., respondents.

(Index No. 600900/2021)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Nassau County, dated January 18, 2022. Motion by the appellant to extend the time to perfect the appeal and for leave to serve and file an oversized brief.

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 extend the time to perfect the appeal is granted, and on or before January 4, 2024, 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; and it is further,

ORDERED that the branch of the motion which is for leave to serve and file an oversized brief is denied without prejudice to filing a letter application for such relief with the Clerk's office (see 22 NYCRR 1250.9[h]), on or before October 23, 2023.

LASALLE, P.J., MILLER, GENOVESI and LOVE, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court