T. v Chaimowitz
Motion No: 2020-04184
Slip Opinion No: 2021 NY Slip Op 62559(U)
Decided on March 3, 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

M275830

MB/

MARK C. DILLON, J.P.

SYLVIA O. HINDS-RADIX

HECTOR D. LASALLE

BETSY BARROS, JJ.

2020-04184

J.D.T., etc., et al., appellants-respondents, v

Linda Chaimowitz, respondent, J. Anthony

Enterprises, Inc., respondent-appellant,

et al., defendants.

(Index No. 600934/2016)

DECISION & ORDER ON MOTION

Appeal and cross appeal from an order of the Supreme Court, Nassau County, dated March 6, 2020, which were deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by J.D.T. and Jose Duran-Garcia 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 the papers filed in opposition thereto, it is

ORDERED that the motion is granted, the dismissal of the appeal pursuant to 22 NYCRR 1250.10(a) is vacated, the time of J.D.T. and Jose Duran-Garcia to serve and file the record or appendix on the appeal and their brief via NYSCEF is extended until March 31, 2021, and J.D.T. and Jose Duran-Garcia shall file an original and five hard copies of the record or appendix and a 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