Hernandez v City of Newburgh
Motion No: 2022-03004
Slip Opinion No: 2023 NY Slip Op 66512(U)
Decided on May 8, 2023
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M288850

ID/

FRANCESCA E. CONNOLLY, J.P.

VALERIE BRATHWAITE NELSON

JOSEPH J. MALTESE

LINDA CHRISTOPHER, JJ.

2022-03004

Olga Hernandez, respondent, v City

of Newburgh, et al., appellants,

et al., defendants.

(Index No. 2030/2018)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Orange County, dated April 5, 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.

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 dismissal of the appeal pursuant to 22 NYCRR 1250.10(a) is vacated, and on or before June 7, 2023, the appellants shall 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.

CONNOLLY, J.P., BRATHWAITE NELSON, MALTESE and CHRISTOPHER, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court