Ihrig v Priority Home Care, Inc.
Motion No: 2022-07796
Slip Opinion No: 2023 NY Slip Op 76209(U)
Decided on November 3, 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

M292093

SW/

FRANCESCA E. CONNOLLY, J.P.

ROBERT J. MILLER

LARA J. GENOVESI

DEBORAH A. DOWLING, JJ.

2022-07796

Ellyn Ihrig, etc., respondent,

v Priority Home Care, Inc., et al.,

defendants, Lillian A. Obi, appellant.

(Index No. 511001/2021)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Kings County, dated June 1, 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.

Upon the papers filed in support of the motion and the papers filed in opposition 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 January 2, 2024, 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.

CONNOLLY, J.P., MILLER, GENOVESI and DOWLING, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court