| Jakaj v Kolenovic |
| Motion No: 2023-07032 |
| Slip Opinion No: 2024 NY Slip Op 67245(U) |
| Decided on May 6, 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
M296227
AFA/
COLLEEN D. DUFFY, J.P.
BETSY BARROS
LILLIAN WAN
CARL J. LANDICINO, JJ.
|
2023-07032 Govalin Jakaj, respondent-appellant, v Rusminka Kolenovic, appellant-respondent. (Index No. 55513/2021)
| DECISION & ORDER ON MOTION |
Appeal and cross-appeal from a decision of the Supreme Court, Westchester County, dated April 17, 2023. The cross-appeal was deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by the respondent-appellant, in effect, to dismiss the appeal on the ground that no appeal lies from a decision or, in the alternative, to extend the time to serve and file a brief.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is, in effect, to dismiss the appeal is granted and the appeal is dismissed, without costs or disbursements, (see Schicchi v J.A. Green Constr. Co., 100 AD2d 509); and it is further,
ORDERED that the branch of the motion which is to extend the time to serve and file a brief is denied as academic.
DUFFY, J.P., BARROS, WAN and LANDICINO, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court