| Tello v Upadhyaya |
| Motion No: 2020-05669 |
| Slip Opinion No: 2021 NY Slip Op 65555(U) |
| Decided on May 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. |
Appellate Division: Second Judicial Department
M276907
MB/
MARK C. DILLON, J.P.
LEONARD B. AUSTIN
BETSY BARROS
ANGELA G. IANNACCI, JJ.
|
2020-05669 Nestor Tello, etc., appellant, v Vandan D. Upadhyaya, et al., defendants, JPMorgan Chase Bank, etc., respondent. (Index No. 150270/2018)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Richmond County, dated July 20, 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 June 2, 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., AUSTIN, BARROS and IANNACCI, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court