Appellate Division: Second Judicial Department

M294630

SW/

MARK C. DILLON, J.P.

PAUL WOOTEN

BARRY E. WARHIT

LILLIAN WAN, JJ.

2023-05010 Freda Wagner, et al., plaintiffs-respondents, v Nassau County, defendant-appellant, Incorporated Village of Rockville Centre, et al., defendants-respondents, County of Nassau, third- party plaintiff-appellant; Andrea Wagner, et al., third-party defendants-respondents. (Index No. 614823/2020)

DECISION & ORDER ON MOTION

Appeal from a judgment of the Supreme Court, Nassau County, dated April 4, 2023, 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 May 3, 2024, the appellants shall 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 appellants' brief and upload digital copies of the record or appendix and the appellants' brief, with proof of service thereof, through the digital portal on this Court's website.

DILLON, J.P., WOOTEN, WARHIT and WAN, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court