| Matter of Guy v Guy |
| Motion No: 2023-03371 |
| Slip Opinion No: 2024 NY Slip Op 68821(U) |
| Decided on June 3, 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
M296760
AFA/
ANGELA G. IANNACCI, J.P.
CHERYL E. CHAMBERS
JOSEPH J. MALTESE
LILLIAN WAN, JJ.
|
2023-03371 In the Matter of James Guy, appellant, v Helen Conforti Guy, et al., respondents. (Index No. 712747/2022)
| DECISION & ORDER ON MOTION |
2023-08131
In the Matter of James Guy, appellant,
v Helen Conforti Guy, et al., respondents.
(Index No. 712747/2022)
Appeals from two orders of the Supreme Court, Queens County, dated February 15, 2023, and June 8, 2023, respectively. Motion by the appellant to consolidate the appeals and to extend the time to perfect the appeals. Application by the appellant to extend the time to perfect the appeal from the order dated June 8, 2023. By order to show cause dated April 17, 2024, the parties were directed to show cause before this Court why an order should not be made and entered dismissing the appeal from the order dated June 8, 2023, on the ground that no appeal lies from an order denying reargument.
Now, upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the motion and the application and the papers filed in opposition thereto, it is
ORDERED that the motion to dismiss the appeal from the order dated June 8, 2023, is granted and the appeal from the order dated June 8, 2023, is dismissed, without costs or disbursements; and it is further,
ORDERED the branch of the motion which is to consolidate the appeals, the application and the branch of the motion which is to extend the time to perfect the appeal from the order dated June 8, 2023, are denied as academic; and it is further,
ORDERED that the branch of the motion which is to extend of the time to perfect the appeal from the order dated February 15, 2023, is granted, and on or before July 3, 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.
IANNACCI, J.P., CHAMBERS, MALTESE and WAN, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court