Appellate Division: Second Judicial Department

M288765

KS/

COLLEEN D. DUFFY, J.P.

ANGELA G. IANNACCI

PAUL WOOTEN

LARA J. GENOVESI, JJ.

2021-06797 Glenson Rowe, respondent, v 4601 Second Ave, LLC, et al., appellants. (Index No. 517975/2016)

DECISION & ORDER ON MOTION

Appeals from an order of the Supreme Court, Kings County, dated August 30, 2021, which were deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by the appellant Volmar Construction Inc., to deem the notice of appeal filed by Wilson, Elser, Moskowitz, Edelman & Dicker, LLP, to be filed on behalf of only the appellant Volmar Construction Inc., pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the appeal by the appellant Volmar Construction Inc., and to extend the time to perfect its appeal.

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

ORDERED that the motion is granted, the notice of appeal filed by Wilson, Elser, Moskowitz, Edelman & Dicker, LLP, is deemed to be filed on behalf of only the appellant Volmar Construction Inc., the dismissal of the appeal by the appellant Volmar Construction Inc., pursuant to 22 NYCRR 1250.10(a) is vacated, and on or before June 30, 2023, the appellant Volmar Construction Inc., shall and serve and file the record or appendix and its appellant's brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the record or appendix and its appellant's brief and upload digital copies of the record or appendix and its appellant's brief, with proof of service thereof, through the digital portal on this Court's website.

DUFFY, J.P., IANNACCI, WOOTEN and GENOVESI, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court