| Umana v Tower East Condominium |
| Motion No: 2021-05254 |
| Slip Opinion No: 2022 NY Slip Op 70074(U) |
| Decided on August 17, 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. |
Appellate Division: Second Judicial Department
M284500
SL/
ANGELA G. IANNACCI, J.P.
DEBORAH A. DOWLING
BARRY E. WARHIT
JANICE A. TAYLOR, JJ.
|
2021-05254 Juan Umana, respondent, v Tower East Condominium, et al., respondents-appellants, Fairfield Properties, LLC, et al., respondents, Rosenwach Tank Co., LLC, et al., appellants- respondents. (Index No. 712270/2018)
| DECISION & ORDER ON MOTION |
Appeal and cross appeal from an order of the Supreme Court, Queens County, dated July 2, 2021, which were deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by Rosenwach Tank Co., LLC and Rosenwach Group, Inc. pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of their appeal and for an extension of 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 of Rosenwach Tank Co., LLC and Rosenwach Group, Inc. pursuant to 22 NYCRR 1250.10(a) is vacated, and on or before September 16, 2022, the movants shall serve and file the record or appendix and the movants' brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the record or appendix and the movants' brief and upload digital copies of the record or appendix and the movants' brief, with proof of service thereof, through the digital portal on this Court's website.
IANNACCI, J.P., DOWLING, WARHIT and TAYLOR, JJ., concur.
ENTER:
Maria T. Fasulo
Clerk of the Court