Opinion
Motion No. 2023-01194 Index No. 650005/20Case No. 2022-01010
04-11-2023
Unpublished Opinion
MOTION DECISION
Present - Hon. Troy K. Webber, Cynthia S. Kern Tanya R. Kennedy Anil C. Singh Manuel J. Mendez, Justice Presiding, Justices.
An appeal having been taken to this Court from an order of the Supreme Court, New York County, entered on or about January 24, 2022, and said appeal having been perfected, And defendant-appellant having moved pursuant to CPLR §2001 for an order granting relief from Rule §1250.3(a) to the extent of deeming the Informational Statement, which was not filed simultaneously with the Notice of Appeal, timely filed, Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, It is ordered that the motion is denied without prejudice to defendant-appellant presenting argument in its Reply Brief against dismissal of the appeal for failure to file the Informational Statement with its Notice of Appeal.