Appellate Division: Second Judicial Department

M280310

MB/

WILLIAM F. MASTRO, J.P.

REINALDO E. RIVERA

CHERYL E. CHAMBERS

LEONARD B. AUSTIN, JJ.

2020-08551 Nikki Brash, appellant, v Neil M. Richards, etc., et al., respondents, et al., defendant. (Index No. 1812/2012)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Queens County, entered October 2, 2020, which was deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by the respondent Neil M. Richards for leave to reargue a decision and order on motion of this Court dated June 2, 2021, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order on motion of this Court. Separate motion by the 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 motions and the papers filed in opposition thereto, it is

ORDERED that the motion by the respondent Neil M. Richards is denied; and it is further,

ORDERED that the motion by the appellant is granted, the dismissal of the appeal pursuant to 22 NYCRR 1250.10(a) is vacated, and on or before January 3, 2022, 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., RIVERA, CHAMBERS and AUSTIN, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court