Arnoux v New York City Department of Housing Preservation And Devel
Motion No: 2022-00797
Slip Opinion No: 2024 NY Slip Op 74980(U)
Decided on September 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M299444

AFA/

VALERIE BRATHWAITE NELSON, J.P.

HELEN VOUTSINAS

CARL J. LANDICINO

JAMES P. MCCORMACK, JJ.

2022-00797

Ralph Arnoux, appellant, v New York

City Department of Housing Preservation

and Development, respondent.

(Index No. 510074/2021)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Kings County, dated December 2, 2021.

Motion by the appellant to direct a default judgment against the respondent for failure to timely file a brief. Cross-motion by the respondent to dismiss the appeal on the ground that the appeal was untimely taken.

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

ORDERED that the cross-motion is granted, and the appeal is dismissed, without costs or disbursements (see CPLR 5513); and it is further,

ORDERED that the motion is denied as academic.

BRATHWAITE NELSON, J.P., VOUTSINAS, LANDICINO and MCCORMACK, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court