Silver v Weissman
Motion No: 2020-06960
Slip Opinion No: 2021 NY Slip Op 67590(U)
Decided on June 14, 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

M277591

MB/

MARK C. DILLON, J.P.

CHERYL E. CHAMBERS

VALERIE BRATHWAITE NELSON

ANGELA G. IANNACCI, JJ.

2020-06960

Ilana Silver, et al., respondents,

v David Weissman, appellant.

(Index No. 606414/2017)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Suffolk County, dated August 12, 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 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, and on or before August 13, 2021 the appellant shall serve and file the record or appendix and the appellant's brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the record or appendix and the appellant's brief and upload digital copies of the record or appendix and the appellant's brief, with proof of service thereof, through the digital portal on this Court's website.

DILLON, J.P., CHAMBERS, BRATHWAITE NELSON and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court