| Nesbitt v 2169 Pacific Corp. |
| Motion No: 2023-10038 |
| Slip Opinion No: 2025 NY Slip Op 65678(U) |
| Decided on March 28, 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
M303951
AFA/
FRANCESCA E. CONNOLLY, J.P.
CHERYL E. CHAMBERS
HELEN VOUTSINAS
CARL J. LANDICINO, JJ.
|
2023-10038 Alesha Nesbitt, plaintiff-respondent, v 2169 Pacific Corp., defendant-respondent, Mbadinga's VIP Unisex Salon, LLC, appellant. (Index No. 510772/2018)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Kings County, dated August 7, 2023. Motion by the plaintiff-respondent to dismiss the appeal on the ground that the order was superseded and rendered academic by an order of the same court dated June 13, 2024, or, in the alternative, inter alia, to extend the time to serve and file a brief. Cross-motion by the appellant for leave to serve and file a late notice of appeal from the order dated June 13, 2024.
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 plaintiff-respondent which is to dismiss the appeal is granted, the appeal is dismissed, without costs and disbursements, and the motion by the plaintiff-respondent is otherwise denied as academic; and it is further,
ORDERED that the cross-motion for leave to serve and file a late notice of appeal from the order dated June 13, 2024, is denied.
CONNOLLY, J.P., CHAMBERS, VOUTSINAS and LANDICINO, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court