Wilmington v Martinez
2026 NY Slip Op 68838(U)
May 22, 2026
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law ยง 431.
This motion is uncorrected and is not subject to publication in the Official Reports.
Wilmington, respondent,
v
Wilma Martinez, appellant, et al., defendants.
Supreme Court of the State of New York, Appellate Division : Second Judicial Department
May 22, 2026
2024-10036, 37616/2006
Hector D. Lasalle, P.J.
Valerie Brathwaite Nelson
Barry E. Warhit
Elena Goldberg Velazquez, JJ.
[*1]DECISION & ORDER ON MOTION
Appeal from an order of the Supreme Court, Kings County, dated June 4, 2024, 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 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 June 22, 2026, the appellant shall and 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.
LASALLE, P.J., BRATHWAITE NELSON, WARHIT and GOLDBERG VELAZQUEZ, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court