Appellate Division: Second Judicial Department

M280703

MB/

CHERYL E. CHAMBERS, J.P.

BETSY BARROS

JOSEPH A. ZAYAS

DEBORAH A. DOWLING, JJ.

2020-08274 In the Matter of Eric Williams, appellant, v Judith Pascale, etc., respondent. (Index No. 5064/2019)

DECISION & ORDER ON MOTION

Appeal from an order and judgment (one paper) of the Supreme Court, Suffolk County, dated September 14, 2020, which was deemed dismissed pursuant to 22 NYCRR 1250.10(a). 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 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, the appellant's time to perfect the appeal by causing the original papers constituting the record on appeal to be filed in the office of the Clerk of this Court (see 22 NYCRR 1250.9[a][5]), and by serving the appellant's brief, and uploading a digital copy of the appellant's brief, with proof of service thereof, through the digital portal on this Court's website, is extended until January 26, 2022; if the appellant is unable to access the digital portal on this Court's website, the appellant may file one copy of the brief by regular mail.

CHAMBERS, J.P., BARROS, ZAYAS and DOWLING, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court