Opinion
Motion No. 2023-00840 Index No. 651947/16Case No. 2021-00499
03-21-2023
Mei Kum Chu, Sau King Chung, and Qun Xiang Ling, individually and on behalf of all others similarly situated, Plaintiffs-Respondents, v. Chinese-American Planning Council Home Attendant Program, Inc., Defendant-Appellant.
Unpublished Opinion
MOTION DECISION
Present - Hon. Barbara R. Kapnick, Justice Presiding, Cynthia S. Kern Anil C. Singh Saliann Scarpulla John R. Higgitt, Justices.
An appeal having been taken to this Court from an order of the Supreme Court, New York County, entered on or about February 09, 2021,
And an order of this Court having been entered on January 05, 2023 (M-2022-04416), granting defendant-appellant's motion to stay the aforesaid appeal, pending resolution of the motion to remand, filed by plaintiffs in the United States District Court for the Southern District of New York (Chu, et al v Chinese-American Planning Counsel Home Attendant Program, Inc., Civil Action No. 1:21-cv-02115), to the extent of extending the time to perfect the appeal to the May 2023 Term of this Court, with leave to seek further extensions, if necessary, And defendant-appellant having further moved to stay the aforesaid appeal, pending resolution of the aforesaid motion to remand in the United States District Court, 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 granted to the extent of extending the time in which to perfect the appeal to the September 2023 Term of this Court, with leave to seek additional extensions, if necessary.