Appellate Division: Second Judicial Department

M274889

MB/

CHERYL E. CHAMBERS, J.P.

VALERIE BRATHWAITE NELSON

LINDA CHRISTOPHER

PAUL WOOTEN, JJ.

2020-01701 Dionicio Cruz, respondent, v Latanya Pierce, appellant. (Index No. 19850/2013)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Kings County, dated December 23, 2019. Motion by the appellant pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the appeal, for leave to prosecute the appeal on the original papers, 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 branch of the motion which is to vacate the dismissal of the appeal is denied as unnecessary as the appeal was not deemed dismissed pursuant to 22 NYCRR 1250.10(a) (see ADM 2020-0707); and it is further,

ORDERED that the branch of the motion which is for leave to prosecute the appeal on the original papers is denied; and it is further,

ORDERED that the branch of the motion which is to extend the time to perfect the appeal is granted, and on or before February 8, 2021, 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.

CHAMBERS, J.P., BRATHWAITE NELSON, CHRISTOPHER and WOOTEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court