You can't bring a Motion to Dismiss
on May 17th. That is because the case is being appealed. Therefore, there is nothing you can do on the 17th. However, you NEED to make sure that the Plaintiff actually did appeal. Sometimes, a losing party will say that it is going to appeal, but then doesn't follow through.
You should contact the attorney who represented you in the case that is now being appealed. If any documents were filed by the Plaintiff, they were probably sent to your attorney. You need to get any of those documents.
Some basic rules governing appeals are contained in Articles 55 and 57 of the New York Civil Practice Law and Rules. Each Department of the Appellate Division also has its own individual set of rules governing more specific details of practice before that court. Unlike other states that have statewide rules of appellate procedure, there is no set of appellate rules shared by all four departments beyond those contained in the CPLR.
Below is a link to Article 55.
Below is a link to Article 57.
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