Opinion
Motion No. 2023-07032 Index No. 55513/2021
05-06-2024
Govalin Jakaj, respondent-appellant, v. Rusminka Kolenovic, appellant-respondent.
Unpublished Opinion
MOTION DECISION
M296227
AFA/COLLEEN D. DUFFY, J.P. BETSY BARROS, LILLIAN WAN, CARL J. LANDICINO, JJ.
DECISION & ORDER ON MOTION
Appeal and cross-appeal from a decision of the Supreme Court, Westchester County, dated April 17, 2023. The cross-appeal was deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by the respondent-appellant, in effect, to dismiss the appeal on the ground that no appeal lies from a decision or, in the alternative, to extend the time to serve and file a brief.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is, in effect, to dismiss the appeal is granted and the appeal is dismissed, without costs or disbursements, (see Schicchi v J.A. Green Constr. Co., 100 A.D.2d 509); and it is further, ORDERED that the branch of the motion which is to extend the time to serve and file a brief is denied as academic.
DUFFY, J.P., BARROS, WAN and LANDICINO, JJ., concur.