Appellate Division: Second Judicial Department

M294846

AFA/

COLLEEN D. DUFFY, J.P.

ROBERT J. MILLER

LILLIAN WAN

CARL J. LANDICINO, JJ.

2023-04957 In the Matter of Liberty Mutual Insurance Company, respondent, v Kerio McCormack, appellant. (Index No. 517925/2022)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Kings County, dated April 18, 2023. Motion by Kerio McCormack to deem the notice of appeal to reflect that Kerio McCormack is the appealing party. Separate motion by Kerio McCormack to extend the time to perfect the appeal.

Upon the papers filed in support of the motions and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion to deem the notice of appeal to reflect that Kerio McCormack is the appealing party is granted, the notice of appeal is deemed to reflect that Kerio McCormack is the appealing party (see CPLR 2001; Matter of Tagliaferri, 1 NY3d 605), and the caption is amended accordingly; and it is further,

ORDERED that the motion to extend the time to perfect the appeal is granted, and on or before April 12, 2024, the appellant Kerio McCormack 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.

DUFFY, J.P., MILLER, WAN and LANDICINO, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court