Appellate Division: Second Judicial Department

M306034

AFA/

COLLEEN D. DUFFY, J.P.

ROBERT J. MILLER

CARL J. LANDICINO

PHILLIP HOM, JJ.

2024-06801 Nicole Duncan, etc., plaintiff-respondent, v City of Mount Vernon School District, et al., appellants, City of Mount Vernon, defendant-respondent, et al., defendants. (Index No. 62971/2023)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Westchester County, dated June 21, 2024. Motion by the defendant-respondent to dismiss the appeal insofar as taken against it on the ground that the appellants are not aggrieved by so much of the order as granted the defendant-respondent's motion to dismiss the complaint insofar as asserted it or, in the alternative, to extend the time to serve and file a brief.

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 insofar as taken against the defendant-respondent on the ground that the appellants are not aggrieved by so much of the order as granted the defendant-respondent's motion to dismiss the complaint insofar as asserted it, is denied; 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 July 23, 2025, the defendant-respondent shall serve and file the defendant-respondent's 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.

DUFFY, J.P., MILLER, LANDICINO and HOM, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court