Schwartz v Walter
Motion No: 2023-08120
Slip Opinion No: 2025 NY Slip Op 68738(U)
Decided on May 14, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M305070

ID/

COLLEEN D. DUFFY, J.P.

VALERIE BRATHWAITE NELSON

BARRY E. WARHIT

JANICE A. TAYLOR, JJ.

2023-08120

Moishe Schwartz, etc., appellant,

v Shaya R. Walter, et al., respondents.

(Index No. 36185/2020)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Rockland County, dated June 9, 2023. Motion by the appellants to extend the time to perfect the appeal. Cross-motion by the respondent Yad Ezrah, Inc. to dismiss the appeal for failure to timely perfect.

Upon the papers filed in support of the motion and cross-motion and the papers filed in opposition thereto, it is

ORDERED that the motion by the appellants is denied and the appeal is deemed dismissed pursuant to 22 NYCRR 1250.10(a); and it is further;

ORDERED that the cross-motion by the respondent Yad Ezrah, Inc. is denied as academic.

DUFFY, J.P., BRATHWAITE NELSON, WARHIT and TAYLOR, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court