| McIntosh v City of New York |
| Motion No: 2023-10734 |
| Slip Opinion No: 2024 NY Slip Op 79743(U) |
| Decided on December 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
M301211
AFA/
BETSY BARROS, J.P.
LARA J. GENOVESI
LILLIAN WAN
LAURENCE L. LOVE, JJ.
|
2023-10734 Sakina McIntosh, et al., appellants, v City of New York, et al., respondents. (Index No. 505675/2022)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Kings County, dated July 10, 2023. Motion by the respondents, inter alia, to strike the appellants' brief as untimely filed and to extend the time to serve and file a brief. Cross-motion by the appellants, in effect, to extend the time to perfect the appeal or, in the alternative, to deem the record and the appellants' brief to have been timely filed.
Upon the papers filed in support of the motion and cross-motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion by the respondents which is to extend the time to serve and file a brief is granted, and on or before January 6, 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; and it is further,
ORDERED that the motion by the respondents is otherwise denied; and it is further,
ORDERED that the cross-motion is denied as academic.
BARROS, J.P., GENOVESI, WAN and LOVE, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court