Opinion
2021-67574 Index 7241/2006
06-14-2021
Deutsche Bank National Trust Company, etc., respondent, v. Marilyn E. Matheson, appellant, et al., defendant. Motion No. 2020-02226
Unpublished Opinion
MOTION DECISION
CHERYL E. CHAMBERS, J.P. VALERIE BRATHWAITE NELSON LINDA CHRISTOPHER WILLIAM G. FORD, JJ.
DECISION & ORDER ON MOTION
Appeal from an order of the Supreme Court, Dutchess County, dated January 3, 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 waive certification of the record pursuant to 22 NYCRR 1250.7(g).
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the branch of the motion which is to vacate the dismissal of the appeal is granted, the dismissal of the appeal pursuant to 22 NYCRR 1250.10(a) is vacated and on or before July 14, 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; and it is further, ORDERED that the branch of the motion which is to waive certification of the record pursuant to 22 NYCRR 1250.7(g) is granted.
CHAMBERS, J.P., BRATHWAITE NELSON, CHRISTOPHER and FORD, JJ., concur.