Anekwe v State of New York
Motion No: 2019-02238
Slip Opinion No: 2022 NY Slip Op 67729(U)
Decided on June 22, 2022
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M283529

MB/

COLLEEN D. DUFFY, J.P.

VALERIE BRATHWAITE NELSON

LINDA CHRISTOPHER

PAUL WOOTEN, JJ.

2019-02238

Peter Anekwe, appellant,

v State of New York, respondent.

(Claim No. 128992)

DECISION & ORDER ON MOTION

Appeal from an order of the Court of Claims, dated September 20, 2018, 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 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 September 20, 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.

DUFFY, J.P., BRATHWAITE NELSON, CHRISTOPHER and WOOTEN, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court