Appellate Division: Second Judicial Department

M271229

kbp/

WILLIAM F. MASTRO, J.P.

ROBERT J. MILLER

BETSY BARROS

VALERIE BRATHWAITE NELSON, JJ.

2019-05249 Bank of New York Mellon, etc., plaintiff- respondent, v Juan Rodriguez, etc., appellant; Teller Ave Real Property, LLC, nonparty-respondent. (Index No. 16690/2011)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Westchester County, dated December 10, 2018, 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, to extend the time to perfect the appeal, and to renew his prior motion to stay his eviction from the subject premises pending hearing and determination of the appeal.

Upon the papers filed in support of the motion and the papers filed in opposition and in relation 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, and on or before August 10, 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 branch of the motion which is to renew the appellant's prior motion to stay his eviction from the subject premises is denied.

MASTRO, J.P., MILLER, BARROS and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court