Appellate Division: Second Judicial Department

M279727

E/jr

WILLIAM F. MASTRO, J.P.

LEONARD B. AUSTIN

COLLEEN D. DUFFY

FRANCESCA E. CONNOLLY, JJ.

2020-09159 In the Matter of Nedal Hammad, appellant, v Maysa Realty Corp., et al., respondents. (Index No. 713241/2017)

DECISION & ORDER ON MOTION

Appeal from a decision of the Supreme Court, Queens County, dated September 9, 2020, which was dismissed by decision and order on motion of this Court dated June 16, 2021. Motion by the appellant, in effect, to recall and vacate so much of the decision and order on motion of this Court dated June 16, 2021, as dismissed the appeal, to deem the notice of appeal from the decision to be a notice of appeal from a judgment of the same court entered November 12, 2020, 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, so much of the decision and order on motion of this Court dated June 16, 2021, as dismissed the appeal is recalled and vacated, the notice of appeal from the decision is deemed to be a notice of appeal from the judgment (see CPLR 5512), the time to perfect the appeal is extended, and on or before November 22, 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.

MASTRO, J.P., AUSTIN, DUFFY and CONNOLLY, JJ., concur.

ENTER:

Maria T. Fasulo

Acting Clerk of the Court