109 Carlton Realty LLC v Schiller
Motion No: 2022-10003
Slip Opinion No: 2023 NY Slip Op 78373(U)
Decided on December 13, 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

M292980

ID/

VALERIE BRATHWAITE NELSON, J.P.

JOSEPH J. MALTESE

DEBORAH A. DOWLING

HELEN VOUTSINAS, JJ.

2022-10003

109 Carlton Realty LLC, appellant, v Susan

Schiller, et al., respondents, et al., defendant.

(Index No. 30812/2022)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Rockland County, dated October 14, 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 December 28, 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., MALTESE, DOWLING and VOUTSINAS, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court