Appellate Division: Second Judicial Department

M287851

AFA/

BETSY BARROS, J.P.

VALERIE BRATHWAITE NELSON

ROBERT J. MILLER

JOSEPH J. MALTESE, JJ.

2022-01789 HSBC Bank, USA National Association, etc., respondent, v Carol Polcovar, et al., appellants, et al., defendants. (Index No. 31627/2008)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Kings County, dated February 10, 2022, which was deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by the appellants pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the appeal and to extend the time to perfect the appeal. Application by the respondent for leave to withdraw the papers filed in opposition to the motion and to replace them with amended opposition papers.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the application by the respondent is granted; and it is further,

ORDERED that the motion by the appellants is granted, the dismissal of the appeal pursuant to 22 NYCRR 1250.10(a) is vacated, and on or before April 14, 2023, the appellants shall and serve and file 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 appellants' brief, with proof of service thereof, through the digital portal on this Court's website.

BARROS, J.P., BRATHWAITE NELSON, MILLER and MALTESE, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court