| Edouard v Brown |
| Motion No: 2025-08309 |
| Slip Opinion No: 2026 NY Slip Op 64426(U) |
| Decided on March 18, 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
M312025
ID/
BETSY BARROS, J.P.
CHERYL E. CHAMBERS
JANICE A. TAYLOR
ELENA GOLDBERG VELAZQUEZ, JJ.
|
2025-08309 Marie Judie Edouard, respondent, v Michael Matthew Brown, appellant. (Index No. 801580/2021)
| DECISION & ORDER ON MOTION |
2026-02680
Marie Judie Edouard, respondent, v Michael
Matthew Brown, appellant.
(Index No. 801580/2021)
Appeals from a purported order of the Supreme Court, Nassau County, dated March 4, 2025, and a judgment of the same court dated August 5, 2025. Motion by the appellant for waiver of costs, fees, expenses and for the assignment of counsel. Application by the appellant to extend the time to perfect the appeals.
Upon the papers filed in support of the motion and the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that on the Court's own motion the appeal from the purported order is dismissed, without costs or disbursements, on the ground that no appeal lies from a decision (see Schicchi v J.A. Green Constr. Co., 100 AD2d 509); and it further,
ORDERED that the branch of the motion which is for waiver of costs, fees, expenses and for the assignment of counsel on the appeal from the purported order and the branch of the application which is to extend the time to perfect the appeal from the purported order are denied as academic; and it further,
ORDERED that the branch of the motion which is for waiver of costs, fees, expenses and for the assignment of counsel on the appeal from the judgment is denied; and it is further,
ORDERED that the branch of the application which is to extend the time to perfect the appeal from the judgment is granted, and on or before May 18, 2026, the appellant shall serve and file the record or appendix and the appellant's brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the record or appendix and the appellant's brief and upload digital copies of the record or appendix and the appellant's brief, with proof of service thereof, through the digital portal on this Court's website.
BARROS, J.P., CHAMBERS, TAYLOR and GOLDBERG VELAZQUEZ, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court