| Board of Managers of Van Wyck Glen Condominium v Van Wyck at Mer |
| Motion No: 2021-00411 |
| Slip Opinion No: 2021 NY Slip Op 73686(U) |
| Decided on October 22, 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
M279772
MB/
MARK C. DILLON, J.P.
SYLVIA O. HINDS-RADIX
LINDA CHRISTOPHER
JOSEPH A. ZAYAS, JJ.
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2021-00411 Board of Managers of Van Wyck Glen Condominium et al., plaintiff-respondents, v Van Wyck at Merritt P Association, Inc., defendant third-party plaintiff-appe Anthony Costa, et al., defendants-appellants; Board of Managers of Van Wyck Meadows Condomi third-party defendant-respondent. (Index No. 50017/2017)
| DECISION & ORDER ON MOTION , ark Homeowners llant, nium II, |
Appeal from an order of the Supreme Court, Dutchess County, dated January 8, 2021, 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 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 December 21, 2021, the appellants shall serve and file the record or appendix and the appellants' brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the record or appendix and the appellants' brief and upload digital copies of the record or appendix and the appellants' brief, with proof of service thereof, through the digital portal on this Court's website.
DILLON, J.P., HINDS-RADIX, CHRISTOPHER and ZAYAS, JJ., concur.
ENTER:
Maria T. Fasulo
Acting Clerk of the Court