Wilmington Savings Fund Society, FSB v Racer
Motion No: 2019-11655
Slip Opinion No: 2020 NY Slip Op 70139(U)
Decided on August 19, 2020
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M272456

MB/

REINALDO E. RIVERA, J.P.

JOSEPH J. MALTESE

VALERIE BRATHWAITE NELSON

LINDA CHRISTOPHER, JJ.

2019-11655, 2019-11656

Wilmington Savings Fund Society, FSB,

etc., respondent, v Samuel Racer, et al.,

appellants, et al., defendants.

(Index No. 521171/2017)

DECISION & ORDER ON MOTION

Appeals from two orders of the Supreme Court, Kings County, both dated July 18, 2019, which were deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by the appellants, in effect, pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the appeals and to extend the time to perfect the appeals.

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 appeals pursuant to 22 NYCRR 1250.10(a) are vacated, the appellants' time to perfect the appeals is extended, and on or before October 5, 2020, the appellants shall serve the record or appendix and the appellants' brief and upload digital copies of the record or appendix and the appellants' 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 appellants' brief in accordance with any applicable administrative order or other order to be issued by the Court.

RIVERA, J.P., MALTESE, BRATHWAITE NELSON and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court