Mendez v One Sunset Park Condominium
Motion No: 2024-13378
Slip Opinion No: 2025 NY Slip Op 80783(U)
Decided on November 19, 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

M309451

ID/

MARK C. DILLON, J.P.

LARA J. GENOVESI

DONNA-MARIE E. GOLIA

PHILLIP HOM, JJ.

2024-13378

Nydia Rivera Mendez, et al., appellants,

v One Sunset Park Condominium, et al.,

respondents.

(Index No. 526936/2019)

DECISION & ORDER ON MOTION

Appeals from an order of the Supreme Court, Kings County, dated September 20, 2024. The appeal by the appellant Department of Housing Preservation and Development of City of New York was deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by the appellant Department of Housing Preservation and Development of City of New York pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of its appeal and, in effect, to extend the time to perfect its appeal. Motion by the appellants Nydia Rivera Mendez, Maria N. Valdez Flores, Daina E. Santana, Victoria Angel Torres, Ivette Davila-Richards, Ronald Roasario, Krystyna Bozek, Marcela Salazar, Sedina Rosas, and Davird Marrero to extend the time to perfect their appeal.

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 by the appellant Department of Housing Preservation and Development of City of New York which is to vacate the dismissal of its appeal is granted and the dismissal of the appeal by the appellant Department of Housing Preservation and Development of City of New York pursuant to 22 NYCRR 1250.10(a) is vacated; and it is further,

ORDERED that the branch of the motion by the appellant Department of Housing Preservation and Development of City of New York which is to extend the time to perfect its appeal and the motion by the appellants Nydia Rivera Mendez, Maria N. Valdez Flores, Daina E. Santana, Victoria Angel Torres, Ivette Davila-Richards, Ronald Roasario, Krystyna Bozek, Marcela Salazar, Sedina Rosas, and Davird Marrero are granted, and on or before December 19, 2025, the appellants shall serve and file the joint record or appendix and their respective appellants' briefs via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the joint record or appendix and their respective appellants' briefs and upload digital copies of the joint record or appendix and their respective appellants' briefs, with proof of service thereof, through the digital portal on this Court's website.

DILLON, J.P., GENOVESI, GOLIA and HOM, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court