Miller v Toledo
Motion No: 2025-04585
Slip Opinion No: 2026 NY Slip Op 65283(U)
Decided on March 30, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M312384

ID/

HECTOR D. LASALLE, P.J.

LINDA CHRISTOPHER

CARL J. LANDICINO

JAMES P. MCCORMACK, JJ.

2025-04585

Michael Miller, respondent, v Erica

Toledo, et al., appellants.

(Index No. 675/2023)

DECISION & ORDER ON MOTION

On the Court's own motion, it is

ORDERED that the decision and order on motion of this Court dated March 4, 2026, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:

Appeal from a judgment of the Supreme Court, Nassau County, dated January 27, 2025. Motion by the respondent for waiver of costs, fees, and expenses, and to extend the time to serve and file a brief.

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 which is to extend the time to serve and file a brief is granted, and on or before April 29, 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 is otherwise denied.

LASALLE, P.J., CHRISTOPHER, LANDICINO and MCCORMACK, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court