Opinion
Motion No 2022-08513 Index No. 713932/2019
11-22-2024
Unpublished Opinion
MOTION DECISION
M300899
MARK C. DILLON, J.P. BARRY E. WARHIT LOURDES M. VENTURA DONNA-MARIE E. GOLIA, JJ.DECISION & ORDER ON MOTION
Appeal from an order of the Supreme Court, Queens County, entered September 12, 2022, 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, to extend the time to perfect the appeal, and to enlarge the record to include certain material.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branches of the motion which are to vacate the dismissal of the appeal and to extend the time to perfect the appeal are granted, the dismissal of the appeal pursuant to 22 NYCRR 1250.10(a) is vacated, and on or before December 23, 2024, the appellant shall and 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; and it is further, ORDERED that the branch of the motion which is to enlarge the record to include certain material is denied as unnecessary with respect to Supreme Court NYSCEF Document Nos. 40-68, and is otherwise denied.
DILLON, J.P., WARHIT, VENTURA and GOLIA, JJ., concur.