Appellate Division: Second Judicial Department

M294935

AFA/

ANGELA G. IANNACCI, J.P.

LARA J. GENOVESI

DEBORAH A. DOWLING

JANICE A. TAYLOR, JJ.

2023-03545 Michael Maier Cywiak, appellant, v Michael Packman, respondent. (Index No. 63937/2022)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Westchester County, dated March 27, 2023, which was deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by the appellant, in effect, inter alia, 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 the papers filed in opposition thereto, it is

ORDERED that the branches of the motion which are, in effect, to vacate the dismissal of the appeal and extend the time to perfect the appeal are granted, the dismissal of the appeal pursuant to 22 NYCRR 1250.10(a) is vacated, and on or before April 15, 2024, the appellant shall and 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; and it is further,

ORDERED that the motion is otherwise denied.

IANNACCI, J.P., GENOVESI, DOWLING and TAYLOR, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court