| Matter of 200 SJA Montague LLC v Niblack |
| Motion No: 2024-09684 |
| Slip Opinion No: 2025 NY Slip Op 73411(U) |
| Decided on July 25, 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
M306779
AFA/
CHERYL E. CHAMBERS, J.P.
PAUL WOOTEN
BARRY E. WARHIT
PHILLIP HOM, JJ.
|
2024-09684 In the Matter of 200 SJA Montague LLC, respondent, v Preston Niblack, etc., et al., appellants. (Index No. 532174/2023)
| DECISION & ORDER ON MOTION |
Appeal from a judgment of the Supreme Court, Kings County, dated July 9, 2024. Motion by the respondent to dismiss the appeal on the ground that no appeal lies as of right from an interlocutory order in a proceeding pursuant to CPLR article 78. Application by the respondent 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 and in relation 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 motion is denied; and it is further,
ORDERED that the application is granted, and on or before August 25, 2025, the respondent shall serve and file the 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.
CHAMBERS, J.P., WOOTEN, WARHIT and HOM, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court