Appellate Division: Second Judicial Department

M276436

MB/

REINALDO E. RIVERA, J.P.

ROBERT J. MILLER

VALERIE BRATHWAITE NELSON

LINDA CHRISTOPHER, JJ.

2020-06724 Patrick Striplin, et al., appellants, v AC & E Home Inspection Corp., defendant, Craig M. Balaban, et al., respondents. (Index No. 10124/2015)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Suffolk County, dated January 10, 2018, which was deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by the appellants, inter alia, 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 branches of the motion which are to vacate the dismissal of the appeal and to extend the time to perfect the appeal are granted, the dismissal of the appeal pursuant to 22 NYCRR 1250.10(a) is vacated, the appellants' time to perfect the appeal is extended, and on or before May 3, 2021, the appellants shall serve the record or appendix and the appellants' brief and upload digital copies of the record or appendix and the appellants' 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 appellants' brief in accordance with any applicable administrative order or other order to be issued by the Court; and it is further,

ORDERED that the motion is otherwise denied.

RIVERA, J.P., MILLER, BRATHWAITE NELSON and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court