| EOP Carie Merger Sub, Inc. v Wanderer |
| Motion No: 2023-05702 |
| Slip Opinion No: 2024 NY Slip Op 64822(U) |
| Decided on March 27, 2024 |
| 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
M295265
AFA/
FRANCESCA E. CONNOLLY, J.P.
JOSEPH J. MALTESE
DEBORAH A. DOWLING
BARRY E. WARHIT, JJ.
|
2023-05702 EOP Carie Merger Sub, Inc., et al., plaintiffs-respondents, et al., plaintiffs, v Matthew J. Wanderer, et al., appellants, Ian Parker, defendant-respondent. (Index No. 607100/2021)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Suffolk County, dated March 23, 2023. Motion by the plaintiffs-respondents to dismiss the appeal, inter alia, on the ground that the appellants failed to serve a notification of case number pursuant to 22 NYCRR 1245.3(b). Motion by the appellant 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 to dismiss the appeal is denied; and it is further,
ORDERED that the motion to extend the time to perfect the appeal is granted, and on or before April 26, 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.
CONNOLLY, J.P., MALTESE, DOWLING and WARHIT, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court