Appellate Division: Second Judicial Department

M288827

AFA/

BETSY BARROS, J.P.

CHERYL E. CHAMBERS

BARRY E. WARHIT

JANICE A. TAYLOR, JJ.

2022-04457 Nataki Caver, plaintiff-respondent, v ABCNY, Inc., et al., appellants, K.S. J.A.M.M. Dance Troupe, et al., defendants-respondents (and a third-party action). (Index No. 503297/2017)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Kings County, dated April 11, 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. Motion by defendants-respondents to dismiss the appeal on the ground that the appellants failed to set forth good cause for vacatur of the dismissal of the appeal. Motion by plaintiff-respondent to dismiss the appeal on the ground that the appellants failed to set forth good cause for vacatur of the dismissal of the appeal.

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

ORDERED that the motion to vacate the dismissal of the appeal and to extend the time to perfect the appeal is granted, the dismissal of the appeal pursuant to 22 NYCRR 1250.10(a) is vacated, and on or before June 5, 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 appellants' 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; and it is further,

ORDERED that the motions by the respondents to dismiss the appeal are denied.

BARROS, J.P., CHAMBERS, WARHIT and TAYLOR, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court