Appellate Division: Second Judicial Department

M274583

MB/

LEONARD B. AUSTIN, J.P.

ROBERT J. MILLER

VALERIE BRATHWAITE NELSON

PAUL WOOTEN, JJ.

2019-12177 Deutsche Bank National Trust, respondent, v Milton D. Galloway, appellant. (Index No. 32684/2011)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Suffolk County, dated September 11, 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, 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 no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is granted, the dismissal of the appeal pursuant to 22 NYCRR 1250.10(a) is vacated, certification of the appellant's appendix is waived, the appellant's time to perfect the appeal is extended, and on or before February 16, 2021, the appellant shall serve the appellant's appendix and the appellant's brief and upload digital copies of the appellant's 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 appellant's appendix and the appellant's brief in accordance with any applicable administrative order or other order to be issued by the Court.

AUSTIN, J.P., MILLER, BRATHWAITE NELSON and WOOTEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court