Appellate Division: Second Judicial Department

M287329

AFA/

BETSY BARROS, J.P.

JOSEPH J. MALTESE

JOSEPH A. ZAYAS

DEBORAH A. DOWLING, JJ.

2021-09519 Patti Scivoletti, etc., et al., appellants, v Seaford Union Free School District, et al., respondents. (Index No. 772/2017)

DECISION & ORDER ON MOTION

Appeal and cross appeal from an order of the Supreme Court, Nassau County, dated December 14, 2021, which were deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by Patti Scivoletti, as parent and natural guardian of Tara Scivoletti, an infant, and Patti Scivoletti, inter alia, in effect, to vacate the dismissal of the cross appeal and to extend the time to perfect the cross appeal (see 22 NYCRR 1250.9[f][1][iv]).

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 branch of the motion which is, in effect, to vacate the dismissal of the cross appeal and extend the time to perfect the cross appeal is granted, the dismissal of the cross appeal pursuant to 22 NYCRR 1250.10(a) is vacated, the cross appeal by the movants from the order is deemed to be an appeal from the order, the time to perfect the appeal is extended, and on or before March 13, 2023, the movants shall serve and file the record or appendix and their brief in connection with that appeal via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the record or appendix and their brief and upload digital copies of the record or appendix and their brief, with proof of service thereof, through the digital portal on this Court's website; and it is further,

ORDERED that the motion is otherwise denied.

BARROS, J.P., MALTESE, ZAYAS and DOWLING, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court