Deutsche v Windsor
Motion No: 2023-00420
Slip Opinion No: 2024 NY Slip Op 71398(U)
Decided on July 22, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M297899

ID/

COLLEEN D. DUFFY, J.P.

JOSEPH J. MALTESE

HELEN VOUTSINAS

JANICE A. TAYLOR, JJ.

2023-00420

Deutsche, respondent, v Althea Windsor,

et al., defendants, Moyitz Realty Corp,

appellant.

(Index No. 2537/2013)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Kings County, dated August 31, 2022, which was deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by the appellant pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the appeal, in effect, to extend the time to perfect the appeal, and to stay the sale of the subject property, pending hearing and determination of the appeal.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the branches of the motion which are to vacate the dismissal of the appeal and, in effect, to extend the time to perfect the appeal are denied; and it is further,

ORDERED that the motion is otherwise denied as academic.

DUFFY, J.P., MALTESE, VOUTSINAS and TAYLOR, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court