Opinion
2021-74303 Motion 2021-00378
11-15-2021
Biltwel Gen. Contractor Corp., appellant, v. D & K Construction, Inc., et al., respondents, et al., defendant. Index No. 703668/2018
Unpublished Opinion
MOTION DECISION
MARK C. DILLON, J.P. BETSY BARROS PAUL WOOTEN JOSEPH A. ZAYAS, JJ.
DECISION & ORDER ON MOTION
Appeal from an order of the Supreme Court, Queens County, entered December 4, 2020, which was deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by the appellant 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 motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted, the dismissal of the appeal pursuant to 22 NYCRR 1250.10(a) is vacated, and on or before December 15, 2021, the appellant shall serve and file the record or appendix and the appellant's brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the record or appendix and the appellant's brief and upload digital copies of the record or appendix and the appellant's brief, with proof of service thereof, through the digital portal on this Court's website.
DILLON, J.P., BARROS, WOOTEN and ZAYAS, JJ., concur.