Appellate Division: Second Judicial Department

M288459

AFA/

FRANCESCA E. CONNOLLY, J.P.

JOSEPH J. MALTESE

PAUL WOOTEN

HELEN VOUTSINAS, JJ.

2021-06004 Sobeida Castro, appellant, v Pfizer Inc., respondent, et al., defendants. (Index No. 18077/2014)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Kings County, dated July 7, 2021, 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 extend the time to perfect the appeal, and, in effect, to be exempt from electronic filing.

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

ORDERED that the branches of the motion which are 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 17, 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 the branch of the motion which is, in effect, to be exempt from electronic filing is denied without prejudice to filing an application for such relief in accordance with the Electronic Filing Rules of the Appellate Division (see 22 NYCRR 1245.4[a][2]).

CONNOLLY, J.P., MALTESE, WOOTEN and VOUTSINAS, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court