Sato v Lux Credit Consultants LLC
Motion No: 2023-00945
Slip Opinion No: 2024 NY Slip Op 62619(U)
Decided on February 16, 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

M294266

ID/

ANGELA G. IANNACCI, J.P.

PAUL WOOTEN

DEBORAH A. DOWLING

LILLIAN WAN, JJ.

2023-00945

Kumi Sato, plaintiff-respondent, v Lux Credit

Consultants LLC, etc., et al., defendants-respondents,

Uber USA, LLC, et al., defendants-appellants,

et al., defendant.

(Index No. 500493/2021)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Kings County, dated December 13, 2022, which was deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by the appellants 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 April 16, 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.

IANNACCI, J.P., WOOTEN, DOWLING and WAN, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court