Appellate Division: Second Judicial Department

M272286

MB/

RUTH C. BALKIN, J.P.

CHERYL E. CHAMBERS

HECTOR D. LASALLE

BETSY BARROS, JJ.

2019-10568 Eulogio Rivera, et al., appellants, v Eliseo Caban, et al., respondents. (Index No. 519704/2017)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Kings County, dated June 19, 2019, 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 and to extend the time to perfect the appeal.

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

ORDERED that the motion is 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 8, 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 no further extension of time shall be granted.

BALKIN, J.P., CHAMBERS, LASALLE and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court