Appellate Division: Second Judicial Department

M287557

AFA/

BETSY BARROS, J.P.

ROBERT J. MILLER

LARA J. GENOVESI

JANICE A. TAYLOR, JJ.

2022-07655 Timothy Sini, etc., respondent, v Michael Fearon, appellant, et al., defendants. (Index No. 1527/2018)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Suffolk County, dated January 19, 2022, 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 deem the notice of appeal from the order to be a premature notice of appeal from a judgment of the same court entered on March 14, 2022 (see CPLR 5520[c]), 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, the notice of appeal from the order is deemed to be a premature notice of appeal from the judgment (see CPLR 5520[c]), and on or before March 29, 2023, the appellant shall serve 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 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 no further extension of time shall be granted.

BARROS, J.P., MILLER, GENOVESI and TAYLOR, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court