Appellate Division: Second Judicial Department

M279714

MB/

SYLVIA O. HINDS-RADIX, J.P.

ROBERT J. MILLER

LARA J. GENOVESI

DEBORAH A. DOWLING, JJ.

2020-09148 Tahera Hussain, respondent, v Estate of Leon Chain, et al., appellants, et al., defendant. (Index No. 703348/2016)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Queens County, dated November 19, 2020, 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. Cross motion by the respondent to dismiss the appeal on the grounds that this Court lacks jurisdiction to hear the appeal and that the appellants are not aggrieved by the order appealed from.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the papers filed in support of the cross 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 November 5, 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; and it is further,

ORDERED that the cross motion is denied.

HINDS-RADIX, J.P., MILLER, GENOVESI and DOWLING, JJ., concur.

ENTER:

Maria T. Fasulo

Acting Clerk of the Court