| Ellen Edwards v Prime Stor. |
| Motion No: 2024-00125 SC |
| Slip Opinion No: 2025 NY Slip Op 72157(U) |
| Decided on June 30, 2025 |
| Appellate Term, 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. |
of the State of New York for the 9th & 10th Judicial Districts
JERRY GARGUILO, P.J.
TIMOTHY S. DRISCOLL
ELENA GOLDBERG-VELAZQUEZ, JJ.
DECISION & ORDER ON MOTION
| Ellen Edwards, Appellant, v Prime Storage, Respondent. |
Motion by respondent to dismiss an appeal from a judgment of the District Court of Suffolk County, Fifth District, entered January 8, 2024, or, in the alternative, to compel appellant to settle the transcript or for an extension of time to serve and file a respondent's brief.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED, on the court's own motion, that the appeal is stricken from the general calendar, as the transcript has neither been served or settled; and it is further,
ORDERED, on the court's own motion, that the appeal shall be perfected on or before September 26, 2025; and it is further,
ORDERED that in the event the appeal is not perfected by September 26, 2025, the court, on its own motion, may dismiss the appeal, or respondent may move, on three days' notice, to dismiss the appeal, and if the appellant is unrepresented, may serve such motion upon the appellant in person; and it is further,
ORDERED that the motion is denied.
ENTER:
Paul Kenny
Chief Clerk