Appellate Division: Second Judicial Department

M282752

MB/

MARK C. DILLON, J.P.

SHERI S. ROMAN

PAUL WOOTEN

DEBORAH A. DOWLING, JJ.

2021-03430 Shigong Feng, respondent-appellant, v United Properties Corp., appellant-respondent, et al., defendant, Jiao Ma, respondent. (Index No. 711882/2018)

DECISION & ORDER ON MOTION

Appeal and cross appeal from an order of the Supreme Court, Queens County, dated April 23, 2021, which were deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by the appellant-respondent pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the appeal and to extend the time to perfect the appeal. Cross motion by the respondent-appellant to extend the time to serve and file an answering brief, including the points of argument on the cross appeal (see 22 NYCRR 1250.9[f][1][iv]).

Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the papers filed in support of the cross 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, and on or before June 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; and it is further,

ORDERED that the cross motion is denied as the cross appeal has been deemed dismissed for failure to timely perfect (see 22 NYCRR 1250.10[a]).

DILLON, J.P., ROMAN, WOOTEN and DOWLING, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court