Ismail v Dowling
Motion No: 2023-08819
Slip Opinion No: 2024 NY Slip Op 78167(U)
Decided on November 13, 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

M300656

KS/

FRANCESCA E. CONNOLLY, J.P.

LINDA CHRISTOPHER

DEBORAH A. DOWLING

LOURDES M. VENTURA, JJ.

2023-08819

Munsuru Ismail, appellant, et al., plaintiffs,

v Michael J. Dowling, etc., et al., respondents.

(Index No. 464/2022)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Nassau County, dated June 30, 2023. Motion by the respondents to dismiss the appeal on the ground that the notice of appeal was filed in violation of Judiciary Law § 478 or, in the alternative, to extend the time to serve and file a brief.

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

ORDERED that the branch of the motion which is to dismiss the appeal is 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 December 13, 2024, the respondents shall serve and file the respondents' 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.

CONNOLLY, J.P., CHRISTOPHER, DOWLING and VENTURA, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court