Appellate Division: Second Judicial Department

M287044

AFA/

FRANCESCA E. CONNOLLY, J.P.

ROBERT J. MILLER

LINDA CHRISTOPHER

JANICE A. TAYLOR, JJ.

2022-00676 In the Matter of John Litman, etc., deceased. Alexander Lawrence Litman, petitioner-respondent; Talia Litman, respondent-appellant. (File No. 2605/2019)

DECISION & ORDER ON MOTION

Appeal from an order of the Surrogate's Court, Suffolk County, dated December 23, 2021, 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, to extend the time to perfect the appeal, and to stay all proceedings in the above-entitled proceeding, pending hearing and determination of the appeal.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the branches of the motion which are to vacate the dismissal of the appeal and to extend the time to perfect the appeal are granted, the dismissal of the appeal pursuant to 22 NYCRR 1250.10(a) is vacated, and on or before February 27, 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; and it is further,

ORDERED that the branch of the motion which is to stay all proceedings is denied.

CONNOLLY, J.P., MILLER, CHRISTOPHER and TAYLOR, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court