| Davis v Galloway |
| Motion No: 2021-05446 |
| Slip Opinion No: 2025 NY Slip Op 77905(U) |
| Decided on October 3, 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
M308339
AFA/
FRANCESCA E. CONNOLLY, J.P.
PAUL WOOTEN
BARRY E. WARHIT
PHILLIP HOM, JJ.
|
2021-05446 Earl R. Davis, et al., plaintiffs-respondents, v Deidre Galloway, etc., appellant, Kathryn Elise Sosa, etc., et al., defendants-respondents, et al., defendants. (Index No. 1668/2017)
| DECISION & ORDER ON MOTION |
2022-05225
Earl R. Davis, et al., plaintiffs-respondents,
v Deidre Galloway, etc., appellant,
Kathryn Elise Sosa, etc., et al.,
defendants-respondents, et al., defendants.
(Index No. 1668/2017)
Appeals from two orders of the Supreme Court, Kings County, dated June 10, 2021, and May 23, 2022, respectively. The appeal from the order dated May 23, 2022 was deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by the respondents, inter alia, in effect, for leave to reargue a motion which was determined by decision and order on motion of this Court dated December 19, 2022, to enlarge the record to include certain material, to dismiss the appeal from the order dated June 10, 2021, on the ground that the order dated June 10, 2021, was superceded by the order dated May 23, 2022, or, in the alternative, to extend the time to serve and file a brief on the appeal from the order dated June 10, 2021.
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is to dismiss the appeal from the order dated June 10, 2021, on the ground that the order dated June 10, 2021, was superceded by the order dated May 23, 2022, is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission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 on the appeal from the order dated June 10, 2021, is granted, and on or before November 3, 2025, the respondents shall serve and file their 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; and it is further
ORDERED that the motion is otherwise denied.
CONNOLLY, J.P., WOOTEN, WARHIT and HOM, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court