| American Package Company, Inc. v Schmidt |
| Motion No: 2022-09452 |
| Slip Opinion No: 2024 NY Slip Op 65598(U) |
| Decided on April 10, 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
M295572
ID/
FRANCESCA E. CONNOLLY, J.P.
ROBERT J. MILLER
DEBORAH A. DOWLING
LILLIAN WAN, JJ.
|
2022-09452 American Package Company, Inc., respondent, v Sally Schmidt, appellant. (Index No. 507993/2015)
| DECISION & ORDER ON MOTION |
Appeal from a judgment of the Supreme Court, Kings County, dated November 16, 2022, which was deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by the appellant, in effect, pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the appeal and to extend the time to perfect the appeal. Separate motion by the appellant to stay enforcement of the judgment, pending hearing and determination of the appeal.
Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is
ORDERED that the motion, in effect, 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 to stay enforcement of the judgment is denied as academic.
CONNOLLY, J.P., MILLER, DOWLING and WAN, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court