| Wu Chen v DiPadova |
| Motion No: 2023-03216 |
| Slip Opinion No: 2023 NY Slip Op 78425(U) |
| Decided on December 13, 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
M292950
AFA/
COLLEEN D. DUFFY, J.P.
PAUL WOOTEN
LILLIAN WAN
JANICE A. TAYLOR, JJ.
|
2023-03216 Wu Chen, et al., appellants, v Robert DiPadova, et al., respondents, et al., defendants. (Index No. 605956/2022)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Nassau County, dated March 17, 2023, which was deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by the appellants, inter alia, to stay the cancellation of the notice of pendency, pending hearing and determination of the appeal. Separate motion by the appellants pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the appeal and to extend the time to perfect the appeal.
Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is
ORDERED that the motion pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the appeal and to extend the time to perfect the appeal is denied; and it is further,
ORDERED that the motion, inter alia, to stay the cancellation of the notice of pendency, pending hearing and determination of the appeal, is denied as academic.
DUFFY, J.P., WOOTEN, WAN and TAYLOR, JJ., concur.
ENTER:
Darrell M. Joseph
Acting Clerk of the Court