Opinion
Motion No. 2022-07789 Index No. 708474/2014
10-11-2023
James B. Nutter & Company, respondent, v. Philip Hutson, etc., et al., defendants; Citi Land Services, LLC, nonparty-appellant.
Unpublished Opinion
MOTION DECISION
ANGELA G. IANNACCI, J.P., PAUL WOOTEN, HELEN VOUTSINAS, LILLIAN WAN, JJ.
DECISION & ORDER ON MOTION
Appeal from an order of the Supreme Court, Queens County, dated August 4, 2022, 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 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 pursuant to 22 NYCRR 1250.10(a) is vacated, and on or before December 11, 2023, the appellant shall and 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.
IANNACCI, J.P., WOOTEN, VOUTSINAS and WAN, JJ., concur.