Opinion
Motion No. 2022-03153 Index No. 54095/2021
04-05-2023
Daniel Fisher, et al., respondents, v. Mitchell Tobias, et al., appellants.
Unpublished Opinion
MOTION DECISION
M288278
MARK C. DILLON, J.P., CHERYL E. CHAMBERS, JOSEPH J. MALTESE, BARRY E. WARHIT, JJ.DECISION & ORDER ON MOTION
Appeal from an order of the Supreme Court, Dutchess County, dated March 31, 2022, which was deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by the appellants 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 May 5, 2023, the appellants shall and serve and file the record or appendix and the appellants' brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the record or appendix and the appellants' brief and upload digital copies of the record or appendix and the appellants' brief, with proof of service thereof, through the digital portal on this Court's website.
DILLON, J.P., CHAMBERS, MALTESE and WARHIT, JJ., concur.