Opinion
2021-76043 Motion 2020-02236
12-15-2021
Ikenna Nwachukwu, appellant, v. New York State Department of Taxation and Finance, et al., respondents. Index No. 3286/2018
Unpublished Opinion
MOTION DECISION
REINALDO E. RIVERA, J.P. MARK C. DILLON VALERIE BRATHWAITE NELSON PAUL WOOTEN, JJ.
DECISION & ORDER ON MOTION
Appeal from an order of the Supreme Court, Kings County, entered November 29, 2019, 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 January 14, 2022, 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 no further extension of time shall be granted.
RIVERA, J.P., DILLON, BRATHWAITE NELSON and WOOTEN, JJ., concur.