| Matter of DiCapua v City of New York |
| Motion No: 2024-08121 |
| Slip Opinion No: 2025 NY Slip Op 66878(U) |
| Decided on April 16, 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
M304409
AFA/
BETSY BARROS, J.P.
BARRY E. WARHIT
HELEN VOUTSINAS
LILLIAN WAN, JJ.
|
2024-08121 In the Matter of Stephanie DiCapua, et al., respondents-appellants, v City of New York, et al., appellants-respondents. (Index No. 85035/2023)
| DECISION & ORDER ON MOTION |
Appeal and cross-appeal from an amended order of the Supreme Court, Richmond County, dated June 12, 2024. The cross-appeal was deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by the respondents-appellants, in effect, pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the cross-appeal and to extend the time to perfect the cross-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 cross-appeal pursuant to 22 NYCRR 1250.10(a) is vacated, and on or before May 15, 2025, the respondents-appellants shall serve and file their answering brief, including the points of argument on the cross-appeal (see 22 NYCRR 1250.9[f][1][iv]), via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the answering brief and upload digital copies of the answering brief, with proof of service thereof, through the digital portal on this Court's website; and it is further,
ORDERED that no further extension of time shall be granted.
BARROS, J.P., WARHIT, VOUTSINAS and WAN, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court