Park Premium Enterprise Inc. v Kahan
Motion No: 2024-06271
Slip Opinion No: 2025 NY Slip Op 74180(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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M307182

AFA/

VALERIE BRATHWAITE NELSON, J.P.

CARL J. LANDICINO

JAMES P. MCCORMACK

PHILLIP HOM, JJ.

2024-06271, 2024-06272

Park Premium Enterprise Inc., etc.,

appellant, v Joseph Kahan, respondent.

(Appeal No. 1)

Park Premium Enterprise Inc., etc.,

appellant-respondent, v Joseph Kahan,

respondent-appellant.

(Appeal No. 2)

(Index No. 504991/2020)

DECISION & ORDER ON MOTION

2025-01831

Park Premium Enterprise Inc., etc.,

appellant, v Joseph Kahan, respondent.

(Index No. 504991/2020)

Appeals from two orders of the Supreme Court, Kings County, dated February 20, 2024, and December 18, 2024, and appeal and cross-appeal from an order of the same court dated March 7, 2024. The appeal from the order dated December 18, 2024, was deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by Joseph Kahan to withdraw the cross-appeal from the order dated March 7, 2024, to consolidate the appeals from the orders dated February 20, 2024, and March 7, 2024, with the appeal from the order dated December 18, 2024, and to extend the time to serve and file a brief.

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 branch of the motion which is to withdraw the cross-appeal from the order dated March 7, 2024, is granted, and the cross-appeal from the order dated March 7, 2024, is deemed withdrawn; and it is further,

ORDERED that the branch of the motion which is to consolidate the appeals from the orders dated February 20, 2024, and March 7, 2024, with the appeal from the order dated December 18, 2024, is denied as academic; and it is further,

ORDERED that the branch of the motion which is to extend the time to serve and file a brief is granted, and on or before August 11, 2025, Joseph Kahan shall serve and file his 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.

BRATHWAITE NELSON, J.P., LANDICINO, MCCORMACK and HOM, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court