Appellate Division: Second Judicial Department

M301320

AFA/

ANGELA G. IANNACCI, J.P.

LINDA CHRISTOPHER

BARRY E. WARHIT

DONNA-MARIE E. GOLIA, JJ.

2024-04742 Ashmeen Modikhan, appellant, v Golden Touch Transportation of NY, Inc., defendant-respondent; Alan Nisselson, etc., nonparty-respondent, (Index No. 706339/2015)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Queens County, dated March 29, 2024. Motion by the nonparty-respondent to dismiss the appeal on the ground that the appellant lacks standing to prosecute the action. Motion by the appellant, inter alia, to stay all proceedings in the above-entitled action, pending hearing and determination of the appeal, to extend the time to perfect the appeal, and for leave to prosecute the appeal as a poor person.

Upon the papers filed in support of the motion by the nonparty-respondent and the papers filed in opposition and in relation thereto, and upon the papers filed in support of the motion by the appellant and the papers filed in opposition thereto, it is

ORDERED that the motion by the nonparty-respondent is denied; and it is further,

ORDERED that the branch of the motion by the appellant which is to extend the time to perfect the appeal is granted, and on or before February 10, 2025, 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; and it is further,

ORDERED that the motion by the appellant is otherwise denied.

IANNACCI, J.P., CHRISTOPHER, WARHIT and GOLIA, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court