Appellate Division: Second Judicial Department

M260949

E/afa

LEONARD B. AUSTIN, J.P.

SHERI S. ROMAN

SYLVIA O. HINDS-RADIX

LINDA CHRISTOPHER, JJ.

2018-07725 Residential Funding Company, LLC, respondent, v Gayon Clarke, appellant, et al., defendants. (Index No. 9733/07)

DECISION & ORDER ON MOTION

Motion by Miller & Lee, LLP, pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of an appeal from an order of the Supreme Court, Westchester County, dated April 24, 2018, which was deemed dismissed pursuant to 22 NYCRR 1250.10(a), to extend the time to perfect the appeal, and for leave to withdraw as counsel.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is granted; and it is further,

ORDERED that the dismissal of the appeal pursuant to 22 NYCRR 1250.10(a) is vacated; and it is further,

ORDERED that on or before March 28, 2019, Miller & Lee, LLP, shall serve its client by one of the methods specified in CPLR 2103(c), with a copy of this decision and order on motion and shall file proof of such service with the Clerk of this Court; and it is further,

ORDERED that no further proceedings shall be taken against the appellant, without leave of the court, until the expiration of 30 days after service upon the appellant of a copy of this decision and order on motion; and it is further,

ORDERED that the appellant's time to perfect the appeal is extended until May 28, 2019, and the record or appendix on the appeal and the appellant's brief shall be served and filed on or before that date.

AUSTIN, J.P., ROMAN, HINDS-RADIX and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court