Appellate Division: Second Judicial Department

M305307

AFA/

MARK C. DILLON, J.P.

LINDA CHRISTOPHER

LILLIAN WAN

PHILLIP HOM, JJ.

2024-03948 DBW TL HOLDCO 2014, LLC, appellant, v Robert P. Kirk, etc., respondent, et al., defendants. (Index No. 608673/2017)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Nassau County, dated September 28, 2022. Motion by the respondent to dismiss the appeal on the grounds that the appeal was untimely taken and, in effect, the appellant is no longer aggrieved. Application by the appellant to extend the time to perfect the appeal.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branch of the motion which is to dismiss the appeal, in effect, on the ground that the appellant is no longer aggrieved 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 motion is otherwise denied; and it is further,

ORDERED that the application is granted, and on or before August 4, 2025, the appellant shall serve and file the record or appendix and the appellant's brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the record or appendix and the appellant's brief and upload digital copies of the record or appendix and the appellant's brief, with proof of service thereof, through the digital portal on this Court's website.

DILLON, J.P., CHRISTOPHER, WAN and HOM, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court