Appellate Division: Second Judicial Department

M275142

MB/

CHERYL E. CHAMBERS, J.P.

SYLVIA O. HINDS-RADIX

VALERIE BRATHWAITE NELSON

LINDA CHRISTOPHER, JJ.

2020-02174 Wells Fargo Bank, NA, etc., respondent, v Yvonne Chaplin, appellant, et al., defendants. (Index No. 10051/2007)

DECISION & ORDER ON MOTION

Appeal from an order and judgment (one paper) of the Supreme Court, Queens County, entered December 23, 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, to waive certification of the record pursuant to 22 NYCRR 1250.7(g), and, in effect, 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 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 February 22, 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; and it is further,

ORDERED that the branch of the motion which is to waive certification of the record pursuant to 22 NYCRR 1250.7(g) is denied, without prejudice to renew upon proper papers, and upon a showing of good cause for the waiver of certification, which shall include setting forth an inability to certify by any of the methods set forth in 22 NYCRR 1250.7(g).

CHAMBERS, J.P., HINDS-RADIX, BRATHWAITE NELSON and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court