Appellate Division: Second Judicial Department

M307937

AFA/

FRANCESCA E. CONNOLLY, J.P.

HELEN VOUTSINAS

JANICE A. TAYLOR

CARL J. LANDICINO, JJ.

2025-02971 Anthony Meglino, etc., et al., appellants, v David Paul Gesser, etc., et al., respondents. (Index No. 62137/2024)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Westchester County, dated January 9, 2025. Motion by the appellants to deem the notice of appeal timely served and filed pursuant to CPLR 5514(b). Cross-motion by the respondents to dismiss the appeal on the ground that the appeal was untimely taken. Application by the appellants to extend the time to perfect the appeal.

Upon the papers filed in support of the motion and the cross-motion and the papers filed in opposition 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 granted, the notice of appeal submitted to the Clerk of the Court is deemed timely served and filed pursuant to CPLR 5514(b); and it is further,

ORDERED that the cross-motion is denied; and it is further,

ORDERED that the application is granted, and on or before November 17, 2025, the appellants shall serve and file the record or appendix and the appellants' brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the record or appendix and the appellants' brief and upload digital copies of the record or appendix and the appellants' brief, with proof of service thereof, through the digital portal on this Court's website.

CONNOLLY, J.P., VOUTSINAS, TAYLOR and LANDICINO, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court