Appellate Division: Second Judicial Department

M294528

AFA/

COLLEEN D. DUFFY, J.P.

LINDA CHRISTOPHER

LARA J. GENOVESI

LOURDES M. VENTURA, JJ.

2022-06542 U.S. Bank, N.A., etc., appellant, v Norberto Navarro, respondent, et al., defendants. (Index No. 702449/2016)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Queens County, dated June 30, 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. Motion by the respondent to dismiss the appeal on the ground that the appeal was not timely perfected or, in the alternative, to extend the time to serve and file a brief.

Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is

ORDERED that the motion by the appellant is granted, the dismissal of the appeal pursuant to 22 NYCRR 1250.10(a) is vacated, and on or before March 29, 2024, the appellants shall and serve and file the record or appendix and the appellants' 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 the branch of the motion by the respondent which is to dismiss the appeal is denied; and it is further,

ORDERED that the branch of the motion by the respondent which is to extend the time to serve and file a respondents' brief is denied as premature.

DUFFY, J.P., CHRISTOPHER, GENOVESI and VENTURA, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court