Opinion
Motion No. 2022-08377 Index No. 202014-2019
01-25-2023
Dalia Delghavi, respondent, v. Nima Khosrowshahian, appellant.
Unpublished Opinion
MOTION DECISION
M287023
BETSY BARROS, J.P., VALERIE BRATHWAITE NELSON, DEBORAH A. DOWLING, BARRY E. WARHIT, JJ.
DECISION & ORDER ON MOTION
Appeal by Nima Khosrowshahian from an order of the Supreme Court, Nassau County, dated August 30, 2022. By order to show cause dated December 7, 2022, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal in the above-entitled action for failure to comply with a scheduling order dated October 24, 2022, issued pursuant to § 670.3(b)(2) of the rules of this Court (22 NYCRR 670.3[b][2]).
Now, upon the order to show cause and the papers filed in response thereto, it is
ORDERED that the motion to dismiss the appeal is denied; and it is further, ORDERED that on the Court's own motion, on or before February 24, 2023, 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.
BARROS, J.P., BRATHWAITE NELSON, DOWLING and WARHIT, JJ., concur.