Appellate Division: Second Judicial Department

M274105

E/sl

RUTH C. BALKIN, J.P.

JOHN M. LEVENTHAL

ROBERT J. MILLER

LINDA CHRISTOPHER, JJ.

2019-00846 Susanne Gold, plaintiff, v David M. Smith, et al., defendants. (Action No. 1) David M. Smith, respondent, v Susanne Gold, defendant, Thomas F. Liotti, appellant. (Action No. 2) (Index Nos. 604377/2018, 605069/2018)

DECISION & ORDER ON MOTION

2020-02368

David M. Smith, respondent,

v Susanne Gold, defendant,

Thomas F. Liotti, appellant.

(Index No. 605069/2018)

Appeals from an order of the Supreme Court, Nassau County, entered December 20, 2018, which was deemed dismissed pursuant to 22 NYCRR 1250.10(a), and from an order of the same court entered January 22, 2020. Motion by the appellant pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the appeal from the order entered December 20, 2018, and to extend the time to perfect the appeals.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is granted, the dismissal of the appeal from the order entered December 20, 2018, pursuant to 22 NYCRR 1250.10(a) is vacated, the time to perfect the appeals is extended, and on or before December 7, 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., LEVENTHAL, MILLER and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court