Opinion
Motion Nos. 2023-07561 2023-07807 Index No. 57048/2020
04-08-2024
Justin Fagan, plaintiff-respondent, v. Evgeniya A. Gorbatko, defendant; Chaim Steinberger, P.C., non-party appellant.
Unpublished Opinion
MOTION DECISION
M295558
COLLEEN D. DUFFY, J.P., PAUL WOOTEN, DEBORAH A. DOWLING, LILLIAN WAN, JJ.
DECISION & ORDER ON MOTION
Appeals from two orders of the Supreme Court, Westchester County, dated April 12, 2023 and May 1, 2023, respectively, which were 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 appeals and to extend the time to perfect the appeals.
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 appeals pursuant to 22 NYCRR 1250.10(a) is vacated, and on or before May 8, 2024, 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.
DUFFY, J.P., WOOTEN, DOWLING and WAN, JJ., concur.