Opinion
Motion No 2022-04981 Index No. 53336/2020
08-23-2023
Ronald Fletcher, plaintiff, v. Steven Zabin, etc., et al., respondents; Sabrina Fletcher, plaintiff-appellant, Steven Fletcher, nonparty- appellant.
Unpublished Opinion
MOTION DECISION
M290668
FRANCESCA E. CONNOLLY, J.P. DEBORAH A. DOWLING JANICE A. TAYLOR LOURDES M. VENTURA, JJ.
DECISION & ORDER ON MOTION
Appeal from an order of the Supreme Court, Westchester County, dated March 31, 2022, which was deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by the plaintiff-appellant 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 no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is granted, the dismissal of the appeal by the plaintiff-appellant pursuant to 22 NYCRR 1250.10(a) is vacated, and on or before September 22, 2023, the plaintiff-appellant shall and serve and file the record or appendix and the plaintiff-appellant's brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the record or appendix and the plaintiff-appellant's brief and upload digital copies of the record or appendix and the plaintiff-appellant's brief, with proof of service thereof, through the digital portal on this Court's website.
CONNOLLY, J.P., DOWLING, TAYLOR and VENTURA, JJ., concur.