Appellate Division: Second Judicial Department

M283167

MB/

BETSY BARROS, J.P.

REINALDO E. RIVERA

CHERYL E. CHAMBERS

DEBORAH A. DOWLING, JJ.

2021-06404 Omorfoula Treskas, respondent, et al., plaintiff, v Style & Care, Inc., et al., defendants, CSPN Builders, Inc., etc., et al., appellants (and a third-party action). (Index No. 709446/2018)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Queens County, dated June 28, 2021, which was deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by the appellants Persi Contracting Corp and Michael Persichilli pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of their appeal and to extend the time to perfect their 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 by the appellants Persi Contracting Corp and Michael Persichilli pursuant to 22 NYCRR 1250.10(a) is vacated, and on or before June 27, 2022, by the appellants Persi Contracting Corp and Michael Persichilli shall serve and file the record or appendix and their appellants' brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the record or appendix and their appellants' brief and upload digital copies of the record or appendix and their appellants' brief, with proof of service thereof, through the digital portal on this Court's website.

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

ENTER:

Maria T. Fasulo

Clerk of the Court