Appellate Division: Second Judicial Department

M271718

MB/

WILLIAM F. MASTRO, J.P.

ROBERT J. MILLER

JOSEPH J. MALTESE

VALERIE BRATHWAITE NELSON, JJ.

2019-11132 Lisa Gindi, appellant, v Dermot Realty Management Co., L.P., et al., respondents, et al., defendants. (Index No. 716810/2018)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Queens County, dated August 22, 2019, which was deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by the appellant, in effect, to vacate the dismissal of the appeal, to extend the time to perfect the appeal, and to waive certification of the appellant's appendix pursuant to 22 NYCRR 1250.7(g).

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 September 4, 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 waive certification of the appellant's appendix pursuant to 22 NYCRR 1250.7(g) is denied, without prejudice to renew upon proper papers, and upon a showing of good cause for the waiver of certification, which shall include setting forth an inability to certify by any of the methods set forth in 22 NYCRR 1250.7(g).

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

ENTER:

Aprilanne Agostino

Clerk of the Court