| Park Premium Enterprise v Kahan |
| Motion No: 2024-00925 |
| Slip Opinion No: 2025 NY Slip Op 62440(U) |
| Decided on February 10, 2025 |
| 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
M302778
ID/
BETSY BARROS, J.P.
LINDA CHRISTOPHER
BARRY E. WARHIT
JAMES P. MCCORMACK, JJ.
|
2024-00925 Park Premium Enterprise, etc., appellant-respondent, v Joseph Kahan, et al., respondents-appellants, et al., defendants. (Index No. 505980/2019)
| DECISION & ORDER ON MOTION |
Appeal and cross-appeal from a judgment of the Supreme Court, Kings County, entered January 23, 2024, which were deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by Park Premium Enterprise pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of its appeal and to extend the time to perfect its appeal.
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 motion is granted, the dismissal of the appeal by Park Premium Enterprise pursuant to 22 NYCRR 1250.10(a) is vacated, and on or before March 12, 2025, Park Premium Enterprise shall and serve and file the record or appendix and its 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.
BARROS, J.P., CHRISTOPHER, WARHIT and MCCORMACK, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court