Appellate Division: Second Judicial Department

M287023

AFA/

BETSY BARROS, J.P.

VALERIE BRATHWAITE NELSON

DEBORAH A. DOWLING

BARRY E. WARHIT, JJ.

2022-08377 Dalia Delghavi, respondent, v Nima Khosrowshahian, appellant. (Index No. 202014-2019)

DECISION & ORDER ON MOTION

Appeal by Nima Khosrowshahian from an order of the Supreme Court, Nassau County, dated August 30, 2022. By order to show cause dated December 7, 2022, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal in the above-entitled action for failure to comply with a scheduling order dated October 24, 2022, issued pursuant to § 670.3(b)(2) of the rules of this Court (22 NYCRR 670.3[b][2]).

Now, upon the order to show cause and the papers filed in response thereto, it is

ORDERED that the motion to dismiss the appeal is denied; and it is further,

ORDERED that on the Court's own motion, on or before February 24, 2023, 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.

BARROS, J.P., BRATHWAITE NELSON, DOWLING and WARHIT, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court

January 25, 2023