Appellate Division: Second Judicial Department

M275349

MB/

LEONARD B. AUSTIN, J.P.

BETSY BARROS

FRANCESCA E. CONNOLLY

ANGELA G. IANNACCI, JJ.

2019-13649 Sanjeevani Patel, respondent-appellant, v Gardens at Forest Hills Owners Corp., appellant-respondent. (Index No. 704649/2017)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Queens County, dated October 15, 2019, which was deemed dismissed pursuant to 22 NYCRR 1250.10(a), and cross appeal from the same order. Motion by the appellant-respondent pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the appeal and to extend the time to perfect the appeal. Cross motion by the respondent-appellant to extend the time to perfect the cross appeal.

Upon the papers filed in support of the motion and cross 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 appellant-respondent's time to serve and file the record or appendix on the appeal and the appellant-respondent's brief via NYSCEF is extended until March 3, 2021, and the appellant-respondent shall file an original and five hard copies of the record or appendix and the appellant-respondent'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 cross motion is granted, and the respondent-appellant shall serve and file its answering brief, including its points of argument on the cross appeal, in accordance with the rules of this Court (see 22 NYCRR 1250.9[f][1][iv]).

AUSTIN, J.P., BARROS, CONNOLLY and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court