| Matter of Britton v Milio Cousins, Inc. |
| Motion No: 2022-03812 |
| Slip Opinion No: 2023 NY Slip Op 70222(U) |
| Decided on July 14, 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. |
Appellate Division: Second Judicial Department
M290038
AFA/
VALERIE BRATHWAITE NELSON, J.P.
ANGELA G. IANNACCI
LARA J. GENOVESI
DEBORAH A. DOWLING, JJ.
|
2022-03812 In the Matter of Dave Richard Britton, appellant, v Milio Cousins, Inc., respondent. (Index No. 59565/2021)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Westchester County, dated May 5, 2022, which was deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by the appellant, in effect, 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 August 14, 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.
BRATHWAITE NELSON, J.P., IANNACCI, GENOVESI and DOWLING, JJ., concur.
ENTER:
Maria T. Fasulo
Clerk of the Court