| AB Venture LLC v Sherman |
| Motion No: 2024-02029 |
| Slip Opinion No: 2024 NY Slip Op 71005(U) |
| Decided on July 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
M297747
AFA/
BETSY BARROS, J.P.
LARA J. GENOVESI
DEBORAH A. DOWLING
LAURENCE L. LOVE, JJ.
|
2024-02029 AB Venture LLC, respondent, v Linda Sherman, etc., et al., defendants, Johnnie Faulcon, etc., appellant. (Index No. 725084/2021)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Queens County, dated December 22, 2023. Motion by the respondent to dismiss the appeal on the ground that the appeal was untimely taken. Motion by the appellant, inter alia, to stay the sale of the subject property, pending hearing and determination of the appeal, and 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 by the respondent to dismiss the appeal on the ground that the appeal was untimely taken is granted, and the appeal is dismissed, without costs or disbursements (see CPLR 5513); and it is further,
ORDERED that the motion by the appellant, inter alia, to stay the sale of the subject property and to extend the time to perfect the appeal is denied as academic.
BARROS, J.P., GENOVESI, DOWLING and LOVE, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court