Appellate Division: Second Judicial Department

M278792

MB/

MARK C. DILLON, J.P.

SYLVIA O. HINDS-RADIX

VALERIE BRATHWAITE NELSON

PAUL WOOTEN, JJ.

2019-09315 In the Matter of YC MD, P.C., etc., respondent, v David Shusterman, etc., appellant. (Index No. 500138/2017)

DECISION & ORDER ON MOTION

Appeal from a judgment of the Supreme Court, Kings County, dated June 25, 2019, 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, to extend the time to perfect the appeal and to stay enforcement of the judgment in the above-entitled action, pending hearing and determination of 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 branches of the motion which are to vacate dismissal of the appeal and to extend the time to perfect the appeal are granted, the dismissal of the appeal pursuant to 22 NYCRR 1250.10(a) is vacated, and on or before September 15, 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; and it is further,

ORDERED that no further extension of time shall be granted; and it is further,

ORDERED that the branch of the motion which is to stay enforcement of the judgment is denied as academic as an automatic stay is in effect pursuant to CPLR 5519(a)(2).

DILLON, J.P., HINDS-RADIX, BRATHWAITE NELSON and WOOTEN, JJ., concur.

ENTER:

Maria T. Fasulo

Acting Clerk of the Court