401 Realty LLC v MNM Holdings LLC
Motion No: 2024-09467
Slip Opinion No: 2025 NY Slip Op 72162(U)
Decided on July 7, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M306330

SA/

CHERYL E. CHAMBERS, J.P.

LINDA CHRISTOPHER

LILLIAN WAN

JANICE A. TAYLOR, JJ.

2024-09467, 2024-09470

401 Realty LLC, respondent, v MNM

Holdings LLC, et al., defendants, Norman

D. Cox, etc., appellant.

(Index No. 514484/2021)

DECISION & ORDER ON MOTION

Appeals from an amended order and judgment (one paper) of the Supreme Court, Kings County, dated April 23, 2024, and order and judgment (one paper) of the same court dated April 18, 2024, which were deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by the appellant pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the appeal from the amended order and judgment and to extend the time to perfect the appeal from the amended order and judgment.

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 motion is granted, the dismissal of the appeal from the amended order and judgment pursuant to 22 NYCRR 1250.10(a) is vacated, and on or before August 6, 2025, the appellant shall and 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.

CHAMBERS, J.P., CHRISTOPHER, WAN and TAYLOR, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court