| SRW Equities LLC v Nussen |
| Motion No: 2023-09898 |
| Slip Opinion No: 2025 NY Slip Op 74733(U) |
| Decided on August 13, 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
M307234
AFA/
BETSY BARROS, J.P.
LARA J. GENOVESI
WILLIAM G. FORD
DONNA-MARIE E. GOLIA, JJ.
|
2023-09898 SRW Equities LLC, et al., respondents, v Michael Nussen, et al., appellants. (Index No. 519966/2019)
| DECISION & ORDER ON MOTION |
Appeals from a judgment of the Supreme Court, Kings County, dated August 4, 2023. Motion by the respondents, inter alia, in effect, to dismiss the appeals on the ground that the failure to take an appeal from an order of the same court dated January 4, 2023, precludes consideration of the issues to be raised on the appeals from the judgment, or in the alternative, 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 thereto, it is
ORDERED that the branch of the motion which is to dismiss the appeals is denied; 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 September 12, 2025, the respondents shall serve and file the respondents' 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.
BARROS, J.P., GENOVESI, FORD and GOLIA, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court