Appellate Division: Second Judicial Department

M294488

SW/

COLLEEN D. DUFFY, J.P.

LINDA CHRISTOPHER

LARA J. GENOVESI

LOURDES M. VENTURA, JJ.

2022-05627 Paul Palmieri, appellant-respondent, v Town of Babylon, respondent-appellant (Index No. 17598/1999)

DECISION & ORDER ON MOTION

Appeal and cross-appeal from a judgment of the Supreme Court, Suffolk County, entered March 22, 2022. Motion by the respondent-appellant to dismiss the appeal on the ground that the appellant-respondent is not aggrieved by the judgment (see CPLR 5511), and, in effect, on the ground that the appeal has been rendered academic. Application by the appellant-respondent to extend the time to perfect the appeal.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the papers filed in support of the application 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 is granted, and on or before March 29, 2024, the appellant-respondent shall serve and file the joint record or appendix and the appellant-respondent's brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the joint record or appendix and the appellant-respondent's brief and upload digital copies of the joint record or appendix and the appellant-respondent's brief, with proof of service thereof, through the digital portal on this Court's website.

DUFFY, J.P., CHRISTOPHER, GENOVESI and VENTURA, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court