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Hussain v. Estate of Chain

Supreme Court of New York, Appellate Division, Second Department
Oct 22, 2021
No. 2021-73691 (N.Y. App. Div. Oct. 22, 2021)

Opinion

2021-73691 Index 703348/2016

10-22-2021

Tahera Hussain, respondent, v. Estate of Leon Chain, et al., appellants, et al., defendant. Motion No. 2020-09148


Unpublished Opinion

MOTION DECISION

SYLVIA O. HINDS-RADIX, J.P. ROBERT J. MILLER, LARA J. GENOVESI, DEBORAH A. DOWLING, JJ.

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Queens County, dated November 19, 2020, which was deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by the appellants pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the appeal and to extend the time to perfect the appeal. Cross motion by the respondent to dismiss the appeal on the grounds that this Court lacks jurisdiction to hear the appeal and that the appellants are not aggrieved by the order appealed from.

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 cross motion and the papers filed in opposition thereto, it is

ORDERED that the motion is granted, the dismissal of the appeal pursuant to 22 NYCRR 1250.10(a) is vacated, and on or before November 5, 2021, the appellants shall serve and file the record or appendix and the appellants' brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the record or appendix and the appellants' brief and upload digital copies of the record or appendix and the appellants' brief, with proof of service thereof, through the digital portal on this Court's website; and it is further, ORDERED that the cross motion is denied.

HINDS-RADIX, J.P., MILLER, GENOVESI and DOWLING, JJ., concur.


Summaries of

Hussain v. Estate of Chain

Supreme Court of New York, Appellate Division, Second Department
Oct 22, 2021
No. 2021-73691 (N.Y. App. Div. Oct. 22, 2021)
Case details for

Hussain v. Estate of Chain

Case Details

Full title:Tahera Hussain, respondent, v. Estate of Leon Chain, et al., appellants…

Court:Supreme Court of New York, Appellate Division, Second Department

Date published: Oct 22, 2021

Citations

No. 2021-73691 (N.Y. App. Div. Oct. 22, 2021)