| Opera House Lofts LLC v Carnahan |
| Motion No: 2021-09013 |
| Slip Opinion No: 2022 NY Slip Op 74098(U) |
| Decided on November 4, 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
M285778
AFA/
BETSY BARROS, J.P.
JOSEPH J. MALTESE
JOSEPH A. ZAYAS
LILLIAN WAN, JJ.
|
2021-09013 Opera House Lofts, LLC, plaintiff-respondent, v Christopher Carnahan, et al., defendants-responden Ryan Shollenberger, et al., defendants-appellants, et al., defendants. (Index No. 507079/2020)
| DECISION & ORDER ON MOTION ts, |
Appeal from an order and judgment (one paper) of the Supreme Court, Kings County, dated November 3, 2021, 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 and to extend the time to perfect the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition 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 December 5, 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.
BARROS, J.P., MALTESE, ZAYAS and WAN, JJ., concur.
ENTER:
Maria T. Fasulo
Clerk of the Court