Krupa v 10 Huron FS Condo LLC
Motion No: 2023-00994
Slip Opinion No: 2024 NY Slip Op 60343(U)
Decided on January 10, 2024
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

M293486

SW/

ANGELA G. IANNACCI, J.P.

LINDA CHRISTOPHER

LARA J. GENOVESI

BARRY E. WARHIT, JJ.

2023-00994

Jan Krupa, appellant-respondent, v

10 Huron FS Condo LLC, et al., respondents-

appellants, Monolithic Contracting, Inc,

respondent, et al., defendants

(and a third-party action).

(Index No. 521822/2017)

DECISION & ORDER ON MOTION

Appeal and cross-appeal from an order of the Supreme Court, Kings County, dated December 23, 2022. The appeal was deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by the appellant-respondent 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 pursuant to 22 NYCRR 1250.10(a) is vacated, and on or before March 11, 2024, the appellant-respondent shall serve and file the joint record or appendix and the appellant-respondent's brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the joint record or appendix and the appellant-respondent's brief and upload digital copies of the joint record or appendix and the appellant-respondent's brief, with proof of service thereof, through the digital portal on this Court's website.

IANNACCI, J.P., CHRISTOPHER, GENOVESI and WARHIT, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court