Appellate Division: Second Judicial Department

M276922

E/sl

MARK C. DILLON, J.P.

LEONARD B. AUSTIN

BETSY BARROS

ANGELA G. IANNACCI, JJ.

2021-01685 In the Matter of Tracey Spencer, petitioner, v Linden Houses, respondent. (Index No. 3/2019)

DECISION & ORDER ON MOTION

Motion by the petitioner pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of a proceeding pursuant to CPLR article 78, which was transferred to this Court by order of the Supreme Court, Kings County, dated September 4, 2019, and deemed dismissed pursuant to 22 NYCRR 1250.10(a), to extend the time to perfect the proceeding, to stay certain proceedings in the Civil Court of the City of New York, Kings County, Part A, under L & T Index No. 010467/2020-KI, and for leave to prosecute the proceeding on the original papers.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the branches of the motion which are pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the proceeding, to extend the time to perfect the proceeding, and for leave to prosecute the proceeding on the original papers are granted, the dismissal of the proceeding pursuant to 22 NYCRR 1250.10(a) is vacated, the petitioner's time to perfect the proceeding by causing the original papers constituting the record on the proceeding to be filed in the office of the Clerk of this Court (see 22 NYCRR 1250.9[a][5]), serving the petitioner's brief, and uploading a digital copy of the petitioner's brief, with proof of service thereof, through the digital portal on this Court's website, is extended until June 2, 2021, and the petitioner shall file an original and five hard copies of the petitioner'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 motion is otherwise denied.

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

ENTER:

Aprilanne Agostino

Clerk of the Court