Opinion
2022-61993 Index 709719/2020
02-18-2022
Yu Ping Wang, et al., appellants, v. Saul Chavez, et al., respondents. Motion No. 2021-00623
Unpublished Opinion
MOTION DECISION
MARK C. DILLON, J.P. BETSY BARROS JOSEPH J. MALTESE JOSEPH A. ZAYAS, JJ.
DECISION & ORDER ON MOTION
Appeal from an order of the Supreme Court, Queens County, entered December 29, 2020. Motion by the respondents to dismiss the appeal on the ground that no appeal lies from an order entered upon the default of the appealing party or, in the alternative, to extend the time to serve and file a respondents' 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 to dismiss the appeal is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; and it is further, 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 March 21, 2022, the respondents shall serve and file the respondents' 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.
DILLON, J.P., BARROS, MALTESE and ZAYAS, JJ., concur.