| Panos v Zweig |
| Motion No: 2023-09292 |
| Slip Opinion No: 2024 NY Slip Op 77064(U) |
| Decided on October 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
M300182
KS/
MARK C. DILLON, J.P.
PAUL WOOTEN
JANICE A. TAYLOR
JAMES P. MCCORMACK, JJ.
|
2023-09292 George Panos, respondent, v Joel Zweig, appellant. (Index No. 519098/2018)
| DECISION & ORDER ON MOTION |
2023-09840
George Panos, respondent,
v Joel Zweig, appellant.
(Index No. 519098/2018)
Appeals from an order of the Supreme Court, Kings County, dated July 13, 2023, and a judgment of the same court dated August 10, 2023. The appeal from the order was deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by the respondent to dismiss the appeal from the judgment on the ground that the dismissal of the appeal from the order for failure to timely perfect precludes consideration of the issues to be raised on the appeal from the judgment, pursuant to Bray v Cox (38 NY2d 350), or in the alternative, to extend the time to serve and file a brief. Motion by the appellant pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the appeal from the order and to extend the time to perfect the appeal from the order.
Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is
ORDERED that the motion by the appellant is denied; and it is further,
ORDERED that the branch of the motion by the respondent which is to dismiss the appeal from the judgment on the ground that the dismissal of the appeal from the order for failure to timely perfect precludes consideration of the issues to be raised on the appeal from the judgment, pursuant to Bray v Cox (38 NY2d 350), is denied; and it is further,
ORDERED that the branch of the motion by the respondent which is to extend the time to serve and file a brief is granted, and on or before November 22, 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.
DILLON, J.P., WOOTEN, TAYLOR and MCCORMACK, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court