Appellate Division: Second Judicial Department

M290668

AFA/

FRANCESCA E. CONNOLLY, J.P.

DEBORAH A. DOWLING

JANICE A. TAYLOR

LOURDES M. VENTURA, JJ.

2022-04981 Ronald Fletcher, plaintiff, Sabrina Fletcher, plaintiff-appellant, v Steven Zabin, etc., et al., respondents; Steven Fletcher, nonparty- appellant. (Index No. 53336/2020)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Westchester County, dated March 31, 2022, which was deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by the plaintiff-appellant 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 by the plaintiff-appellant pursuant to 22 NYCRR 1250.10(a) is vacated, and on or before September 22, 2023, the plaintiff-appellant shall and serve and file the record or appendix and the plaintiff-appellant's brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the record or appendix and the plaintiff-appellant's brief and upload digital copies of the record or appendix and the plaintiff-appellant's brief, with proof of service thereof, through the digital portal on this Court's website.

CONNOLLY, J.P., DOWLING, TAYLOR and VENTURA, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court