Opinion
Motion No. 2023-03216 Index No. 605956/2022
12-13-2023
Wu Chen, et al., appellants, v. Robert DiPadova, et al., respondents, et al., defendants.
Unpublished Opinion
MOTION DECISION
M292950
COLLEEN D. DUFFY, J.P., PAUL WOOTEN, LILLIAN WAN, JANICE A. TAYLOR, JJ.
DECISION & ORDER ON MOTION
Appeal from an order of the Supreme Court, Nassau County, dated March 17, 2023, which was deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by the appellants, inter alia, to stay the cancellation of the notice of pendency, pending hearing and determination of the appeal. Separate motion by the appellants pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the appeal and to extend the time to perfect the appeal.
Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is
ORDERED that the motion pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the appeal and to extend the time to perfect the appeal is denied; and it is further, ORDERED that the motion, inter alia, to stay the cancellation of the notice of pendency, pending hearing and determination of the appeal, is denied as academic.
DUFFY, J.P., WOOTEN, WAN and TAYLOR, JJ., concur.