Noel v Noel
Motion No: 2022-01002
Slip Opinion No: 2024 NY Slip Op 61166(U)
Decided on January 24, 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

M293732

ID/

MARK C. DILLON, J.P.

ANGELA G. IANNACCI

LILLIAN WAN

JANICE A. TAYLOR, JJ.

2022-01002

Andrew Noel, appellant, v Pauline

Nieuenkirk Noel, respondent.

(Index No. 53319/2014)

DECISION & ORDER ON MOTION

Appeal from a judgment of the Supreme Court, Kings County, dated January 4, 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 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 February 23, 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; and it is further,

ORDERED that no further extension of time shall be granted.

DILLON, J.P., IANNACCI, WAN and TAYLOR, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court