| Newkirk v Newkirk |
| Motion No: 2021-00053 |
| Slip Opinion No: 2021 NY Slip Op 71367(U) |
| Decided on September 10, 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
M279038
MB/
WILLIAM F. MASTRO, J.P.
PAUL WOOTEN
JOSEPH A. ZAYAS
DEBORAH A. DOWLING, JJ.
|
2021-00053 Rebecca Newkirk, plaintiff, v James Newkirk, respondent; Regina Felton, etc., nonparty-appellant. (Index No. 50751/2017)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Kings County, dated December 1, 2020, which was deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by the nonparty-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 October 12, 2021, the nonparty-appellant shall serve and file the record or appendix and her brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the record or appendix and her brief and upload digital copies of the record or appendix and her brief, with proof of service thereof, through the digital portal on this Court's website.
MASTRO, J.P., WOOTEN, ZAYAS and DOWLING, JJ., concur.
ENTER:
Maria T. Fasulo
Acting Clerk of the Court