| Simmons v Bell |
| Motion No: 2020-05258 |
| Slip Opinion No: 2021 NY Slip Op 65974(U) |
| Decided on May 12, 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
M277046
MB/
REINALDO E. RIVERA, J.P.
MARK C. DILLON
BETSY BARROS
VALERIE BRATHWAITE NELSON, JJ.
|
2020-05258 Derrick Simmons, etc., respondent, v Alfred Bell, et al., appellants. (Index No. 703307/2016)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Queens County, entered June 1, 2020, which was deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by the appellants 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 appellants' time to serve and file the record or appendix on the appeal and the appellants' brief via NYSCEF is extended until June 11, 2021, and the appellants shall 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.
RIVERA, J.P., DILLON, BARROS and BRATHWAITE NELSON, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court