Appellate Division: Second Judicial Department

M299678

AFA/

COLLEEN D. DUFFY, J.P.

LINDA CHRISTOPHER

LARA J. GENOVESI

CARL J. LANDICINO, JJ.

2024-03664 Gina Russell, respondent, v Albert Maione, etc., appellant. (Index No. 616782/2022)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Suffolk County, dated February 29, 2024. By order to show cause dated August 12, 2024, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal in the above-entitled matter, 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 appellant to extend the time to perfect the appeal.

Upon the order to show cause and the papers filed in response 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 to dismiss the appeal is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; and it is further,

ORDERED that the application to extend the time to perfect the appeal is granted, and on or before December 2, 2024, the appellant shall serve and file the record or appendix and the appellant's brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the record or appendix and the appellant's brief and upload digital copies of the record or appendix and the appellant's brief, with proof of service thereof, through the digital portal on this Court's website.

DUFFY, J.P., CHRISTOPHER, GENOVESI and LANDICINO, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court