Appellate Division: Second Judicial Department

M271766

MB/

RUTH C. BALKIN, J.P.

SHERI S. ROMAN

SYLVIA O. HINDS-RADIX

PAUL WOOTEN, JJ.

2019-10516 In the Matter of Kirk King, appellant, v John M. Castellano, et al., respondents. (Index No. 1463/2019)

DECISION & ORDER ON MOTION

Appeal from a judgment of the Supreme Court, Queens County, dated June 3, 2019, which was deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by the appellant, in effect, pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the appeal, to extend the time to perfect the appeal, to waive the filing fee, and for free transcripts.

Upon the papers filed in support of the motion and the papers filed 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, the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this Court (see 22 NYCRR 1250.9[a][5]), serving the appellant's brief, and uploading a digital copy of the appellant's brief, with proof of service thereof, through the digital portal on this Court's website, is extended until September 8, 2020, and the appellant shall file an original and five hard copies of 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 branches of the motion which are to waive the filing fee and for free transcripts are denied.

BALKIN, J.P., ROMAN, HINDS-RADIX and WOOTEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court