| Ballys Management and Capital LLC v First Korean Church |
| Motion No: 2024-05992 |
| Slip Opinion No: 2025 NY Slip Op 67449(U) |
| Decided on April 25, 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
M304639
AFA/
MARK C. DILLON, J.P.
CHERYL E. CHAMBERS
LOURDES M. VENTURA
JAMES P. MCCORMACK, JJ.
|
2024-05992 Ballys Management and Capital LLC, appellant, v First Korean Church of New York, et al., respondents. (Index No. 711422/2017)
| DECISION & ORDER ON MOTION |
2025-01417
Ballys Management and Capital LLC,
appellant, v First Korean Church of New
York, et al., respondents.
(Index No. 711422/2017)
Appeals from an order of the Supreme Court, Queens County, dated April 1, 2024, and a judgment of the same court dated December 27, 2024. Motion by the respondents to dismiss the appeal from the order on the ground that the right of direct appeal from the order terminated upon entry in the above-entitled action of the judgment or, in the alternative, to extend the time to serve and file a brief in connection with the appeal under Appellate Division Docket No. 2024-05992.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to dismiss the appeal from the order on the ground that the right of direct appeal from the order terminated upon entry in the above-entitled action of the judgment is held in abeyance and referred to the panel of Justices hearing the appeals for determination upon the argument or submission thereof; and it is further,
ORDERED that on the Court's own motion, the appeals will be calendared together and will be argued or submitted on the same date; and it is further,
ORDERED that the branch of the motion which is to extend the time to serve and file a brief in connection with the appeal under Appellate Division Docket No. 2024-05992 is granted, and on or before May 27, 2025, the 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.
DILLON, J.P., CHAMBERS, VENTURA and MCCORMACK, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court