Appellate Division: Second Judicial Department

M278275

MB/

CHERYL E. CHAMBERS, J.P.

ROBERT J. MILLER

FRANCESCA E. CONNOLLY

VALERIE BRATHWAITE NELSON, JJ.

2020-06919 Milton Thomas, appellant, v State of New York, et al., respondents. (Claim No. 129821)

DECISION & ORDER ON MOTION

Appeal from a judgment of the Court of Claims, dated June 22, 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, and on or before August 20, 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; if the appellant is self-represented and unable to upload digital copies through the digital portal on this Court's website, the appellant may file one original record or appendix and brief with the Clerk of this Court, with proof of service of one hard copy on the respondent.

CHAMBERS, J.P., MILLER, CONNOLLY and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court