Appellate Division: Second Judicial Department

M270945

kbp/

REINALDO E. RIVERA, J.P.

LEONARD B. AUSTIN

HECTOR D. LASALLE

FRANCESCA E. CONNOLLY, JJ.

2019-06371 Jonathan Boyd, et al., respondents, v Ulric Assanah, appellant. (Index No. 500352/19)

DECISION & ORDER ON MOTION

Motion by the appellant pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of an appeal from an order of the Supreme Court, Kings County, dated February 21, 2019, which was deemed dismissed pursuant to 22 NYCRR 1250.10(a), to extend the time to perfect the appeal, and for poor person relief.

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

ORDERED that the branches of the motion which are to vacate the dismissal of the appeal and to extend the time to perfect the appeal are granted, the dismissal of the appeal pursuant to 22 NYCRR 1250.10(a) is vacated, the appellant's time to perfect the appeal is extended, and on or before July 20, 2020, the appellant shall 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 file an original and five hard copies of the record or appendix and the appellant's brief in accordance with any applicable administrative order or other order to be issued by the Court; and it is further,

ORDERED that the motion is otherwise denied.

RIVERA, J.P., AUSTIN, LASALLE and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court