Opinion
Motion No. 2022-10110 Index No. 501200/2019
02-09-2024
Ahlam Rabii, appellant, v. Bay Parkway, et al., respondents.
Unpublished Opinion
MOTION DECISION
M294144
AFA/MARK C. DILLON, J.P. BETSY BARROS, DEBORAH A. DOWLING, LILLIAN WAN, JJ.
DECISION & ORDER ON MOTION
Appeal from an order of the Supreme Court, Kings County, dated October 13, 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. Cross-motion by the respondents to impose a sanction upon the appellant.
Upon the papers filed in support of the motion and the cross-motion and the papers filed in opposition thereto, it is
ORDERED that the motion to vacate the dismissal of the appeal is granted, the dismissal of the appeal pursuant to 22 NYCRR 1250.10(a) is vacated, and on or before March 11, 2024, 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; and it is further, ORDERED that the cross-motion by the respondents is denied.
DILLON, J.P., BARROS, DOWLING and WAN, JJ., concur.