| Perez v City of New York |
| Motion No: 2022-09942 |
| Slip Opinion No: 2024 NY Slip Op 73223(U) |
| Decided on August 23, 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
M298694
AFA/
FRANCESCA E. CONNOLLY, J.P.
LINDA CHRISTOPHER
BARRY E. WARHIT
HELEN VOUTSINAS, JJ.
|
2022-09942 Hildania Perez, etc., et al., plaintiffs, v City of New York, et al., defendants; Kenneth J. Gorman, et al., nonparty-appellants, John P. DeMaio, nonparty-respondent. (Index No. 701944/2022)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Queens County, dated December 6, 2022. Motion by the respondent to dismiss the appeal, inter alia, on the ground that no appeal lies as of right from an order that is not the result of a motion made on notice. Application by the respondent 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, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is denied; and it is further,
ORDERED that the application is granted, and on or before September 23, 2024, the
respondent shall serve and file the respondent's 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, WARHIT and VOUTSINAS, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court