Supreme Court of the State of New York, Appellate Division : Second Judicial Department

July 10, 2026

2025-13239

Cheryl E. Chambers, J.P.

Deborah A. Dowling

Carl J. Landicino

Donna-Marie E. Golia, JJ.

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DECISION & ORDER ON MOTION

Appeal from a judgment of the Court of Claims, entered August 21, 2025, 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, to extend the time to perfect the appeal, and, in effect, for waiver of costs, fees, and expenses.

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 branch of the motion which is to vacate the dismissal of the appeal is granted, and the dismissal of the appeal pursuant to 22 NYCRR 1250.10(a) is vacated; and it is further,

ORDERED that the branch of the motion which is for leave to prosecute the appeal on the original papers is granted; and it is further,

ORDERED that the branch of the motion which is to extend the time to perfect the appeal is granted, and on or before September 8, 2026, the appellant shall 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 and filing the appellant's brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, 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; and it is further,

ORDERED that the motion is otherwise denied.

CHAMBERS, J.P., DOWLING, LANDICINO and GOLIA, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court