| Cheng v Dajin Realty Inc. |
| Motion No: 2024-03831 |
| Slip Opinion No: 2026 NY Slip Op 62188(U) |
| Decided on February 11, 2026 |
| 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
M311206
DF/
MARK C. DILLON, J.P.
DEBORAH A. DOWLING
JANICE A. TAYLOR
JAMES P. MCCORMACK, JJ.
|
2024-03831 Changhe Cheng, appellant, v Dajin Realty Inc., respondent. (Index No. 724392/2022)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Queens County, dated January 16, 2024. Motion by the respondent to dismiss the appeal on the ground that the appellant failed to comply with a decision and order on motion of this Court dated October 8, 2025, or, in the alternative, to extend the time to serve and file a brief. Application by the appellant, in effect, to extend the time to comply with the decision and order on motion of this Court dated October 8, 2025.
Upon the papers filed in support of the 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 branch of the motion which is to dismiss the appeal is denied; and it is further,
ORDERED that the application is granted, the appellant's time to comply with the decision and order on motion of this Court dated October 8, 2025, is extended and on or before February 26, 2026, the appellant shall serve and file a supplemental record containing Supreme Court NYSCEF Document No. 5, via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the supplemental record and upload a digital copy of the supplemental record, with proof of service thereof, through the digital portal on this Court's website; 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 March 30, 2026, the respondent shall serve and file the respondent's 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.
DILLON, J.P., DOWLING, TAYLOR and MCCORMACK, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court