Appellate Division: Second Judicial Department

M291280

AFA/

COLLEEN D. DUFFY, J.P.

LINDA CHRISTOPHER

LILLIAN WAN

CARL J. LANDICINO, JJ.

2022-08696 Rea Schnob, appellant, v Edward Calla, respondent. (Index No. 150114/2020)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Richmond County, dated October 6, 2022, which was deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by the appellant pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the appeal and to extend the time to perfect the appeal. Separate motion by the appellant to stay the sale of the subject property, pending hearing and determination 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 October 27, 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; and it is further,

ORDERED that the motion to stay the sale of the subject property is granted, and the respondent is stayed from selling or transferring the subject property, pending hearing and determination of the appeal, on condition that the appeal is perfected on or before October 27, 2023; and it is further,

ORDERED that in the event the appeal is not perfected on or before October 27, 2023, the Court, on its own motion, may vacate the stay, without further notice, or the respondent may move to vacate the stay, on three days notice.

DUFFY, J.P., CHRISTOPHER, WAN and LANDICINO, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court