| Matter of Stora v State Supplement Program of New York |
| Motion No: 2024-04826 |
| Slip Opinion No: 2024 NY Slip Op 77968(U) |
| Decided on November 6, 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
M300557
KS/
BETSY BARROS, J.P.
VALERIE BRATHWAITE NELSON
BARRY E. WARHIT
JAMES P. MCCORMACK, JJ.
|
2024-04826 In the Matter of Skiboky Stora, appellant, v State Supplement Program of New York State Officer of Temporary and Disability Assistance, respondent. (Index No. 157/2024)
| DECISION & ORDER ON MOTION |
Appeal from a judgment of the Supreme Court, Kings County, dated June 3, 2024. Motion by the respondent to dismiss the appeal on the grounds that no appeal lies as of right from a nonfinal order in a proceeding pursuant to CPLR article 78 (see CPLR 5701[b][1]), or that the record is inadequate or, in the alternative, to extend the time to serve and file a brief.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the branch of the motion which is to dismiss the appeal on the ground that no appeal lies as of right from a nonfinal order in a proceeding pursuant to CPLR article 78 is denied; and it is further,
ORDERED that the branch of the motion which is to dismiss the appeal on the ground that the record is inadequate is granted to the extent that on or before December 6, 2024, the appellant shall serve and file a supplemental record containing the papers filed by the respondent in connection with the order to show cause that resulted in the judgment, via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the supplemental record and upload a digital copy of the supplemental record, with proof of service thereof, through the digital portal on this Court's website, and that branch of the motion is otherwise denied; and it is further,
ORDERED that the branch of the motion which to extend the time to serve and file a brief is granted, and on or before January 6, 2025, 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.
BARROS, J.P., BRATHWAITE NELSON, WARHIT and MCCORMACK, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court