Opinion
2021-70858 Motion 2021-00456
08-27-2021
In the Matter of Sherrie Godfrey, appellant, v. Bay Shore Brightwaters Public Library, respondent respondent; NYS Division of Human Rights, nonparty-respondent. Index No. 4748/2019
Unpublished Opinion
MOTION DECISION
CHERYL E. CHAMBERS, J.P., ROBERT J. MILLER, FRANCESCA E. CONNOLLY, VALERIE BRATHWAITE NELSON, JJ.
DECISION & ORDER ON MOTION
Appeal from an order and judgment (one paper) of the Supreme Court, Suffolk County, dated February 20, 2020, which was deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by the respondent-respondent to dismiss the appeal on the grounds that the appeal is "frivolous and futile" or that a record purportedly filed is inadequate, or, in the alternative, for leave to serve and file a supplemental record and to extend the time to serve and file a brief. Separate motion by the 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 motions and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the appellant's motion is granted, the dismissal of the appeal pursuant to 22 NYCRR 1250.10(a) is vacated, and on or before September 27, 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 respondent-respondent's motion which is to dismiss the appeal on the grounds that the appeal is "frivolous and futile" is denied; and it is further, ORDERED that the respondent-respondent's motion is otherwise denied as premature, as the appeal has not been perfected.
CHAMBERS, J.P., MILLER, CONNOLLY and BRATHWAITE NELSON, JJ., concur.