| York v York |
| Motion No: 2023-12209 |
| Slip Opinion No: 2025 NY Slip Op 79648(U) |
| Decided on October 31, 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
M308987
AFA/
MARK C. DILLON, J.P.
VALERIE BRATHWAITE NELSON
ROBERT J. MILLER
ELENA GOLDBERG VELAZQUEZ, JJ.
|
2023-12209 Esther York, appellant, v William York, et al., respondents. (Index No. 708881/2021)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Queens County, dated September 18,
2023. Motion by the respondents William York, Betty Offman York, Elite Dimensions Tours, Inc. and York Kissena Realty, inter alia, in effect, to dismiss the appeal on the ground that the issues raised on this appeal are barred by the doctrines of res judicata and collateral estoppel or, in the alternative, to extend the time to serve and file a brief. Motion by the respondent Joseph York, inter alia, in effect, to dismiss the appeal on the ground that the issues raised on this appeal are barred by the doctrines of res judicata and collateral estoppel or, in the alternative, to extend the time to serve and file a brief.
Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is
ORDERED that the branches of the motions which are, in effect, to dismiss the appeal on the ground that the issues raised on this appeal are barred by the doctrines of res judicata and collateral estoppel are 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 branches of the motions which are to extend the time to serve and file a brief are granted, and on or before December 1, 2025, the respondents shall serve and file their respective respondents' briefs via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve their respective briefs 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 motions are otherwise denied.
DILLON, J.P., BRATHWAITE NELSON, MILLER and GOLDBERG VELAZQUEZ, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court