| Matter of Lihua Huang v 7508 D-Train, LLC |
| Motion No: 2023-00029 |
| Slip Opinion No: 2023 NY Slip Op 77257(U) |
| Decided on November 24, 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
M292533
ID/
COLLEEN D. DUFFY, J.P.
LINDA CHRISTOPHER
PAUL WOOTEN
WILLIAM G. FORD, JJ.
|
2023-00029 In the Matter of Lihua Huang, respondent, v 7508 D-Train, LLC, et al., appellants. (Index No. 707054/2022)
| DECISION & ORDER ON MOTION |
Appeal from a decision of the Supreme Court, Queens County, dated November 16, 2022. By order to show cause dated October 6, 2023, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding on the ground that no appeal lies from a decision. Motion by the appellants to extend the time to serve and file a reply brief.
Now, upon the order to show cause and no papers having been filed in response thereto, and upon the papers filed in support of the motion by the appellants to extend the time to serve and file a reply brief, and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion to dismiss the appeal is granted and the appeal is dismissed (see Schicchi v J.A. Green Constr. Co., 100 AD2d 509), without costs or disbursements; and it is further,
ORDERED that the motion to extend the time to serve and file a reply brief is denied as academic.
DUFFY, J.P., CHRISTOPHER, WOOTEN and FORD, JJ., concur.
ENTER:
Darrell M. Joseph
Acting Clerk of the Court