Appellate Division: Second Judicial Department

M292008

ID/

ANGELA G. IANNACCI, J.P.

PAUL WOOTEN

JANICE A. TAYLOR

CARL J. LANDICINO, JJ.

2022-08411 Elias Lambros, et al., plaintiffs-respondents, v Gerald Smith, et al., defendants-respondents, Anthony Chilliest, et al., appellants. (Index No. 724243/2021)

DECISION & ORDER ON MOTION

Appeal and cross-appeals from an order of the Supreme Court, Queens County, dated September 22, 2022, which were deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by Anthony Chilliest and Donaldson & Chilliest, LLP to vacate the dismissal of their cross-appeal and to extend the time to perfect their cross-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 cross-appeal by Anthony Chilliest and Donaldson & Chilliest, LLP pursuant to 22 NYCRR 1250.10(a) is vacated, the cross-appeal by Anthony Chilliest and Donaldson & Chilliest, LLP is deemed to be an appeal by Anthony Chilliest and Donaldson & Chilliest, LLP from the order, and on or before January 2, 2024, the appellants Anthony Chilliest and Donaldson & Chilliest, LLP shall and serve and file the record or appendix and their brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the record or appendix and their brief and upload digital copies of the record or appendix and their brief, with proof of service thereof, through the digital portal on this Court's website.

IANNACCI, J.P., WOOTEN, TAYLOR and LANDICINO, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court