| WMRD, LLC v Lenowitz |
| Motion No: 2024-01791 |
| Slip Opinion No: 2024 NY Slip Op 74877(U) |
| Decided on September 20, 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
M299366
AFA/
BETSY BARROS, J.P.
JOSEPH J. MALTESE
PAUL WOOTEN
DEBORAH A. DOWLING, JJ.
|
2024-01791 WMRD, LLC, et al., respondents, v Ronald Alan Lenowitz, etc., appellant, et al., defendants. (Index No. 604429/2021)
| DECISION & ORDER ON MOTION |
Appeal from an amended order of the Supreme Court, Nassau County, dated November 2, 2023. Motion by the respondents to dismiss the appeal on the ground that the appeal was untimely taken or, in the alternative, to extend the time to serve and file a brief. Cross-motion by the appellant to stay the trial in the above-entitled action, pending hearing and determination of the appeal.
Upon the papers filed in support of the motion and cross-motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion by the respondents which is 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 is otherwise denied as academic; and it is further,
ORDERED that the cross-motion is denied as academic.
BARROS, J.P., MALTESE, WOOTEN and DOWLING, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court