| Cee Jay Real Estate Development Corporation v Khaled |
| Motion No: 2020-07120 |
| Slip Opinion No: 2023 NY Slip Op 74843(U) |
| Decided on October 11, 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
M291519
AFA/
ANGELA G. IANNACCI, J.P.
PAUL WOOTEN
HELEN VOUTSINAS
LILLIAN WAN, JJ.
|
2020-07120 Cee Jay Real Estate Development Corporation, respondent, v Mohab Khaled, et al., appellants, et al., defendant. (Index No. 151474/2016)
| DECISION & ORDER ON MOTION |
2022-06692
Cee Jay Real Estate Development Corporation,
respondent, v Mohab Khaled, et al., appellants.
(Index No. 151474/2016)
Appeals from an order of the Supreme Court, Richmond County, dated August 19, 2020, and a judgment of the same court dated June 23, 2022. Motion by the respondent to dismiss the appeal from the order on the ground that the right of direct appeal from the order terminated upon entry in the above-entitled action of the judgment. Separate motion by the respondent to dismiss the appeal from the judgment as untimely taken. Application by the appellant to extend the time to perfect the appeal from the judgment.
Upon the papers filed in support of the motion to dismiss the appeal from the order and no papers having been filed in opposition or in relation thereto, upon the papers filed in support of the motion to dismiss the appeal from the judgment and the papers filed in opposition thereto, and upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that the motion to dismiss the appeal from the order is granted and the appeal from the order is dismissed, without costs or disbursements (see Matter of Aho, 39 NY2d 241); and it is further,
ORDERED that the motion to dismiss the appeal from the judgment is denied; and it is further,
ORDERED that the application to extend the time to perfect the appeal from the judgment is granted, and on or before December 11, 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.
IANNACCI, J.P., WOOTEN, VOUTSINAS and WAN, JJ., concur.
ENTER:
Darrell M. Joseph
Acting Clerk of the Court