Appellate Division: Second Judicial Department

M281760

MB/

FRANCESCA E. CONNOLLY, J.P.

JOSEPH J. MALTESE

LINDA CHRISTOPHER

LARA J. GENOVESI, JJ.

2020-08664 Osbourne Walker, respondent, v Michele Simmsparris, et al., appellants, et al., defendants. (Index No. 506589/2018)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Kings County, dated September 15, 2020, which was deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by the appellants pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the appeal, to extend the time to perfect the appeal, and to waive certification of the record pursuant to 22 NYCRR 1250.7(g).

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 branches of the motion which are to vacate the dismissal of the appeal and to extend the time to perfect the appeal are granted, the dismissal of the appeal pursuant to 22 NYCRR 1250.10(a) is vacated, and on or before April 4, 2022, the appellants shall serve and file the record or appendix and the appellants' brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the record or appendix and the appellants' brief and upload digital copies of the record or appendix and the appellants' brief, with proof of service thereof, through the digital portal on this Court's website; and it is further,

ORDERED that the branch of the motion which is pursuant to 22 NYCRR 1250.7(g) to waive certification of the record is denied, with leave to renew, on or before April 4, 2022, upon proper papers, and upon a showing of good cause for the waiver of certification, which shall include setting forth an inability to certify by any of the methods set forth in 22 NYCRR 1250.7(g).

CONNOLLY, J.P., MALTESE, CHRISTOPHER and GENOVESI, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court