Appellate Division: Second Judicial Department

M293522

ID/

BETSY BARROS, J.P.

CHERYL E. CHAMBERS

PAUL WOOTEN

LILLIAN WAN, JJ.

2023-00274 Nationstar Mortgage LLC, respondent, v Ian O. Lewis, appellant, et al., defendants. (Index No. 508130/2015)

DECISION & ORDER ON MOTION

Appeal from an order and judgment (one paper) of the Supreme Court, Kings County, dated October 7, 2022. By decision and order on application of this Court dated September 20, 2023, the appeal was deemed withdrawn. Motion by the appellant, in effect, to recall and vacate so much of the decision and order on application dated September 20, 2023, as deemed the appeal withdrawn, to reinstate the appeal, and to extend the time to perfect the appeal.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the motion is granted, so much of the decision and order on application dated September 20, 2023, as deemed the appeal withdrawn is recalled and vacated, the appeal is reinstated, and on or before February 13, 2024, the appellant shall serve and file the record or appendix and the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 no further extension of time shall be granted.

BARROS, J.P., CHAMBERS, WOOTEN and WAN, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court