Wells Fargo Bank National Association v Wercberger
Motion No: 2022-00736
Slip Opinion No: 2023 NY Slip Op 62410(U)
Decided on February 22, 2023
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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M287470

AFA/

VALERIE BRATHWAITE NELSON, J.P.

CHERYL E. CHAMBERS

DEBORAH A. DOWLING

BARRY E. WARHIT, JJ.

2022-00736, 2022-00737, 2022-00738,

2022-00739

Wells Fargo Bank National Association, etc.,

respondent, v Blima Wercberger, et al.,

defendants, David Kaplan, appellant.

(Index No. 13583/2012)

DECISION & ORDER ON MOTION

Appeals from four orders of the Supreme Court, Kings County, one dated March 6, 2017, two dated September 5, 2017, and one dated February 18, 2020, which were 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 appeals and to extend the time to perfect the appeals.

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 appeals pursuant to 22 NYCRR 1250.10(a) is vacated, and on or before March 24, 2023, the appellant shall and serve 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.

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

ENTER:

Maria T. Fasulo

Clerk of the Court