Matter of Gruber v Suffolk County Board of Elections
Motion No: 2020-06106
Slip Opinion No: 2021 NY Slip Op 62271(U)
Decided on February 24, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M275596

MB/

MARK C. DILLON, J.P.

SYLVIA O. HINDS-RADIX

HECTOR D. LASALLE

BETSY BARROS, JJ.

2020-06106

In the Matter of David Gruber, appellant,

v Suffolk County Board of Elections, et al.,

respondents.

(Index No. 1264/2019)

DECISION & ORDER ON MOTION

Appeal from a judgment of the Supreme Court, Suffolk County, dated May 15, 2020, 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 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 appellant's time to serve and file the record or appendix on the appeal and the appellant's brief via NYSCEF is extended until March 17, 2021, and the appellant shall 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.

DILLON, J.P., HINDS-RADIX, LASALLE and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court