Appellate Division: Second Judicial Department

M288333

AFA/

FRANCESCA E. CONNOLLY, J.P.

ROBERT J. MILLER

JOSEPH A. ZAYAS

DEBORAH A. DOWLING, JJ.

2021-01503 HSBC Bank USA, National Association, respondent, v Andrew Gallo, et al., defendants, Marsha Cindy Balkissoon, appellant. (Index No. 707975/2014)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Queens County, dated September 15, 2020, which was deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motions by the appellant, inter alia, 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 holdover proceedings entitled 87-25 123rd Street LLC v Gallo, pending in the Civil Court of the City of New York, Queens County, Housing Part, under L & T Index Nos. 0064081-19/QU, 0064082-19/QU, 0064083-19/QU, 0064084-19/QU, pending the hearing and determination of the appeal.

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

ORDERED that the branches of the motion which are for leave 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 May 10, 2023, the appellant shall and 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 no further extension of time shall be granted; and it is further,

ORDERED that the motions are otherwise denied.

CONNOLLY, J.P., MILLER, ZAYAS and DOWLING, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court