Appellate Division: Second Judicial Department

M271268

kbp/

CHERYL E. CHAMBERS, J.P.

SHERI S. ROMAN

LINDA CHRISTOPHER

PAUL WOOTEN, JJ.

2019-08870 Stewart N. Choo, appellant, v Virginia Transportation Corp., et al, respondents. (Index No. 34025/2017)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Rockland County, dated June 28, 2019, which was deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by the appellant, inter alia, to substitute counsel. Separate 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, inter alia, to substitute counsel and no papers filed in opposition or in relation thereto, and upon the papers filed in support of the motion to vacate the dismissal of the appeal and to extend the time to perfect the appeal and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion which is to substitute counsel is granted, and Napoli Shkolnik, PLLC, 360 Lexington Avenue, 11th Floor, New York, New York 10017, is substituted as counsel for the appellant on the appeal, and the motion is otherwise denied; and it is further,

ORDERED that the motion to vacate the dismissal of the appeal and to extend the time to perfect the appeal is granted, the dismissal of the appeal pursuant to 22 NYCRR 1250.10(a) is vacated, the appellant's time to serve and file the record or appendix on the appeal and the appellant's brief via NYSCEF is extended until July 27, 2020, and the appellant shall 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.

CHAMBERS, J.P., ROMAN, CHRISTOPHER and WOOTEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court