Appellate Division: Second Judicial Department

M294691

SW/

VALERIE BRATHWAITE NELSON, J.P.

JOSEPH J. MALTESE

LINDA CHRISTOPHER

CARL J. LANDICINO, JJ.

2023-06043 Luis Rodriguez, plaintiff-respondent, v Summit Glory LLC, defendant third-party plaintiff-respondent, et al., defendants, Liberty Street Realty, LLC, defendant-respondent, et al., defendant third-party plaintiff; PAL Environmental Safety Corp., etc., third-party defendant-appellant. (Index No. 712417/2016)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Queens County, dated March 13, 2023, 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 April 5, 2024, the appellant shall 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.

BRATHWAITE NELSON, J.P., MALTESE, CHRISTOPHER and LANDICINO, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court