| Godoy v Islam |
| Motion No: 2023-02475 |
| Slip Opinion No: 2024 NY Slip Op 65943(U) |
| Decided on April 15, 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
M295688
AFA/
FRANCESCA E. CONNOLLY, J.P.
LINDA CHRISTOPHER
LARA J. GENOVESI
LAURENCE L. LOVE, JJ.
|
2023-02475 Andrew Godoy, plaintiff-respondent, v Mohammed Islam, et al., defendants-respondents, Marlon Aguilar-Mellado, et al., appellants, et al., defendants. (Index No. 718729/2018)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Queens County, dated February 23, 2023. Motion by the plaintiff-respondent to dismiss the appeal as untimely taken and on the ground that the appeal was not timely perfected, or in the alternative, to extend the time to serve and file a brief. Application by the appellants, in effect, to deem the notice of appeal dated March 13, 2023, to reflect that the appeal is from an order of the Supreme Court, Queens County, dated February 23, 2023, and entered on February 27, 2023, which determined motion sequence no. 5.
Upon the papers filed in support of the motion and the application and the papers filed in opposition thereto, it is
ORDERED that the branches of the motion which are to dismiss the appeal as untimely taken and on the ground that the appeal was not timely perfected are denied; and it is further,
ORDERED that the application is granted, the notice of appeal dated March 13, 2023, is deemed to reflect that the appeal is from an order of the Supreme Court, Queens County, dated February 23, 2023, and entered on February 27, 2023, which determined motion sequence no.5 (see CPLR 2001; Matter of Tagliaferri, 1 NY3d 605); and it is further,
ORDERED that the branch of the motion which is to extend the time to serve and file a brief is granted, and on or before May 13, 2024, the plaintiff-respondent shall serve and file his brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the brief and upload a digital copy of the brief, with proof of service thereof, through the digital portal on this Court's website.
CONNOLLY, J.P., CHRISTOPHER, GENOVESI and LOVE, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court