| Cheek v Pirri |
| Motion No: 2023-07151 |
| Slip Opinion No: 2026 NY Slip Op 62900(U) |
| Decided on February 23, 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
M311423
DF/
ANGELA G. IANNACCI, J.P.
WILLIAM G. FORD
LOURDES M. VENTURA
SUSAN QUIRK, JJ.
|
2023-07151 Lori Cheek, respondent, v Alfred Pirri, defendant, Steven R. Fairchild, et al., appellants. (Index No. 529831/2021)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Kings County, dated May 3, 2023. Motion by the respondent, in effect, to dismiss the appeal on the ground that the appellants have engaged in "deceitful conduct," or, in the alternative, to extend the time to serve and file a brief. Cross-motion by the appellants, inter alia, for an award of costs and fees.
Upon the papers filed in support of the motion and the cross-motion and the papers filed in opposition thereto, it is
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 23, 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; and it is further,
ORDERED that the motion and the cross-motion are otherwise denied.
IANNACCI, J.P., FORD, VENTURA and QUIRK, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court