Appellate Division: Second Judicial Department

M294458

SW/

BETSY BARROS, J.P.

CHERYL E. CHAMBERS

DEBORAH A. DOWLING

BARRY E. WARHIT, JJ.

2022-09522 M., M., etc., et al., respondents, v Karen Weissler, etc., et al., defendants, Boston Children's Health Physicians, LLP, et al., appellants. (Index No. 59862/2019)

DECISION & ORDER ON MOTION

Appeals from an order of the Supreme Court, Westchester County, dated October 3, 2022. The appeal by Boston Children's Health Physicians, LLP was deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by the appellant Boston Children's Health Physicians, LLP pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of its appeal and to extend the time to perfect its 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 by the appellant Boston Children's Health Physicians, LLP pursuant to 22 NYCRR 1250.10(a) is vacated, and on or before March 27, 2024, the appellant Boston Children's Health Physicians, LLP shall and serve and file its appellant's brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve its appellant's brief and upload a digital copy of its appellant's brief, with proof of service thereof, through the digital portal on this Court's website.

BARROS, J.P., CHAMBERS, DOWLING and WARHIT, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court