| Newco Capital Group VI LLC v 6 To 9 Dental Texas, PLLC |
| Motion No: 2023-09184 |
| Slip Opinion No: 2025 NY Slip Op 74179(U) |
| Decided on August 11, 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
M307180
AFA/
VALERIE BRATHWAITE NELSON, J.P.
CARL J. LANDICINO
JAMES P. MCCORMACK
PHILLIP HOM, JJ.
|
2023-09184 Newco Capital Group VI LLC, respondent, v 6 To 9 Dental Texas, PLLC, etc., et al., appellants. (Index No. 609042/2022)
| DECISION & ORDER ON MOTION |
Appeal from a judgment of the Supreme Court, Nassau County, dated August 22, 2023. Motion by the respondent to extend the time to serve and file a brief. Separate motion by the respondent, inter alia, in effect, to dismiss the appeal by appellants 6 To 9 Dental Texas, PLLC, and 6 To 9 Dental, PLLC, on the ground it has been rendered academic or, in the alternative, to extend the time to serve and file a brief.
Upon the papers filed in support of the motion, inter alia, to dismiss the appeal by appellants 6 To 9 Dental Texas, PLLC, and 6 To 9 Dental, PLLC, and the papers filed in opposition thereto, and upon the papers filed in support of the motion to extend the time to serve and file a brief and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the branch of the motion which is to dismiss the appeal by appellants 6 To 9 Dental Texas, PLLC, and 6 To 9 Dental, PLLC, on the ground that it has been rendered academic is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; and it is further,
ORDERED that the branch of the motion which is to extend the time to serve and file a brief and the motion to extend the time to serve and file a brief are granted, and on or before September 10, 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, and it is further,
ORDERED that the motion is otherwise denied.
BRATHWAITE NELSON, J.P., LANDICINO, MCCORMACK and HOM, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court