Appellate Division: Second Judicial Department

M303945

AFA/

FRANCESCA E. CONNOLLY, J.P.

CHERYL E. CHAMBERS

HELEN VOUTSINAS

CARL J. LANDICINO, JJ.

2024-04332 Henry Leake, et al., appellants, v Romowners, Inc., etc., et al., respondents. (Index No. 52199/2016)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Dutchess County, dated January 18, 2024. Motion by the appellants, in effect, to deem the notice of appeal, which was timely served, to be timely filed. Motion by the respondents to dismiss the appeal on the ground that the appeal was untimely taken or, in the alternative, for an extension of time to serve and file a brief.

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

ORDERED that the motion by the appellants is granted and the notice of appeal, which was timely served, is deemed to be timely filed (see CPLR 5520[a]); and it is further,

ORDERED that the branch of the motion by the respondents which is to dismiss the appeal on the ground that the appeal was untimely taken is denied; and it is further,

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 April 28, 2025, 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., CHAMBERS, VOUTSINAS and LANDICINO, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court