| Park v Hwang |
| Motion No: 2025-01541 |
| Slip Opinion No: 2025 NY Slip Op 69006(U) |
| Decided on May 19, 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
M305126
AFA/
FRANCESCA E. CONNOLLY, J.P.
LINDA CHRISTOPHER
HELEN VOUTSINAS
PHILLIP HOM, JJ.
|
2025-01541 Yung Kyung Park, appellant, v Eju Hwang, etc., et al., respondents. (Index No. 707059/2022)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Queens County, dated July 25, 2024. Motion by the respondents to dismiss the appeal on the grounds that the appendix contains matter dehors the record, the appendix is inadequate, or no appeal lies from an order entered upon the default of the appealing party, or, in the alternative, to extend the time to serve and file a brief.
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 branches of the motion which are to dismiss the appeal on the grounds that the appendix contains matter dehors the record and the appendix is inadequate, are granted to the extent that pages A86 through A91 of the appendix are stricken and, on or before June 18, 2025, the appellant shall serve and file a supplemental appendix that does not contain the stricken material, that contains Supreme Court NYSCEF Document Nos. 23 through 29, 31, and 42, and is in all other respects the same as the appendix previously filed, and those branches of the motion are otherwise denied; and it is further,
ORDERED that the branch of the motion which is to dismiss the appeal on the ground that the no appeal lies from an order entered upon the default of the appealing party is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; and it is further,
ORDERED that the branch of the motion which is to extend the time to serve and file a brief is granted, and on or before August 18, 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.
CONNOLLY, J.P., CHRISTOPHER, VOUTSINAS and HOM, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court