| Chu v Chu |
| Motion No: 2024-07897 |
| Slip Opinion No: 2025 NY Slip Op 71688(U) |
| Decided on June 27, 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
M306152
AFA/
ANGELA G. IANNACCI, J.P.
BARRY E. WARHIT
HELEN VOUTSINAS
LILLIAN WAN, JJ.
|
2024-07897 Steve Chu, appellant, v May P. Chu, et al., respondents. (Action No. 1) Steve Chu, appellant v May P. Chu, et al., respondents. (Action No. 2) (Index Nos. 69635/2023, 72533/2023)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Westchester County, dated July 11, 2024, which was deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by the respondents May P. Chu and Orthodontics Associates of Westchester, inter alia, to dismiss the appeal for failure to perfect. Cross-motion by the appellant pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the appeal, to enlarge the time to perfect the appeal, and to impose a sanction upon the respondent May P. Chu and her attorney.
Upon the papers filed in support of the motion and cross-motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the cross-motion by the appellant which is pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the appeal is denied; and it is further,
ORDERED that the cross-motion is otherwise denied as academic; and it is further,
ORDERED that the motion by the respondents is denied as academic.
IANNACCI, J.P., WARHIT, VOUTSINAS and WAN, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court