| Mercurio v Dayton |
| Motion No: 2020-03600 |
| Slip Opinion No: 2021 NY Slip Op 60779(U) |
| Decided on January 25, 2021 |
| 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. |
Appellate Division: Second Judicial Department
M275146
MB/
CHERYL E. CHAMBERS, J.P.
SYLVIA O. HINDS-RADIX
VALERIE BRATHWAITE NELSON
LINDA CHRISTOPHER, JJ.
|
2020-03600 Justin Mercurio, et al., appellants, v Jonathan R. Dayton, respondent. (Index No. 618444/2016)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Suffolk County, dated March 12, 2020, which was deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by the appellants pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the appeal and to extend the time to perfect the appeal.
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, the appellants' time to serve and file the record or appendix on the appeal and the appellants' brief via NYSCEF is extended until February 22, 2021, and the appellants shall 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.
CHAMBERS, J.P., HINDS-RADIX, BRATHWAITE NELSON and CHRISTOPHER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court