Opinion
2021-00053 Index 50751/2017
09-10-2021
Rebecca Newkirk, plaintiff, v. James Newkirk, respondent; Regina Felton, etc., nonparty-appellant.
M279038 MB/
WILLIAM F. MASTRO, J.P., PAUL WOOTEN, JOSEPH A. ZAYAS, DEBORAH A. DOWLING, JJ.
DECISION & ORDER ON MOTION
Appeal from an order of the Supreme Court, Kings County, dated December 1, 2020, which was deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by the nonparty-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 October 12, 2021, the nonparty-appellant shall serve and file the record or appendix and her brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the record or appendix and her brief and upload digital copies of the record or appendix and her brief, with proof of service thereof, through the digital portal on this Court's website.
MASTRO, J.P., WOOTEN, ZAYAS and DOWLING, JJ., concur.