Opinion
Motion No. 2023-00113 KC
11-13-2023
Unpublished Opinion
MOTION DECISION
WAVNY TOUSSAINT, P.J., MARINA CORA MUNDY, LISA S. OTTLEY, JJ.
DECISION & ORDER ON MOTION
Motion by respondent to dismiss an appeal from an order of the Civil Court of the City of New York, Kings County, dated January 27, 2023, or alternatively to enlarge the time to serve and file a respondent's brief. Cross motion by appellant for, in effect, leave to file a late notice of appeal from a decision of the Civil Court of the City of New York, Kings County, dated April 13, 2020.
Upon the papers filed in support of the motion and cross motion and the papers filed in opposition thereto, it is
ORDERED that the branch of respondent's motion seeking to dismiss the appeal is denied; and it is further, ORDERED that the branch of respondent's motion seeking an enlargement of time to file a respondent's brief is granted and respondent shall serve and file its brief within 30 days of the date of this decision and order; and it is further, ORDERED that appellant, if he be so advised, may serve and file a reply brief within 7 days from service of respondent's brief; and it is further, ORDERED that appellant's cross motion is denied.