Opinion
Motion No. 2023-02434 Index No. 11111/2011
11-15-2024
Unpublished Opinion
MOTION DECISION
M300719
BETSY BARROS, J.P., LARA J. GENOVESI, JANICE A. TAYLOR, DONNA-MARIE E. GOLIA, JJ.
DECISION & ORDER ON MOTION
Appeal from an order of the Supreme Court, Kings County, dated February 17, 2023. Motion by the respondent to dismiss the appeal, inter alia, on the grounds that no appeal lies from an order entered upon the default of the appealing party and that the record is inadequate or, in the alternative, 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 December 16, 2024, 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.
BARROS, J.P., GENOVESI, TAYLOR and GOLIA, JJ., concur.