Opinion
Motion No 2021-06591 Index No. 2092/2021
06-27-2022
In the Matter of Victor N. Koltun, appellant, v. Michelle Kelson, etc., respondent.
Unpublished Opinion
MOTION DECISION
BETSY BARROS, J.P., JOSEPH J. MALTESE, PAUL WOOTEN, BARRY E. WARHIT, JJ.
DECISION & ORDER ON MOTION
Appeal from a judgment of the Supreme Court, Orange County, dated August 3, 2021, 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 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 the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this Court (see 22 NYCRR 1250.9[a][5]), and by serving and filing the appellant's brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, by serving the appellant's brief, and uploading a digital copy of the appellant's brief, with proof of service thereof, through the digital portal on this Court's website, is extended until September 26, 2022.
BARROS, J.P., MALTESE, WOOTEN and WARHIT, JJ., concur.