Appellate Division: Second Judicial Department

M295240

AFA/

COLLEEN D. DUFFY, J.P.

LINDA CHRISTOPHER

LILLIAN WAN

LAURENCE L. LOVE, JJ.

2023-05698 David Medina, plaintiff, Jesus Hernandez, appellant, v Sharon Cruz, et al., defendants, Faisal Ashiq, respondent. (Index No. 504979/2019)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Kings County, dated March 15, 2023, which was withdrawn by decision and order on application of this Court dated October 18, 2023. Motion by the appellant, in effect, to recall and vacate so much of the decision and order on application dated October 18, 2023, as deemed the appeal withdrawn, to reinstate the appeal, and to extend the time to perfect the appeal.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to recall and vacate so much of the decision and order on application dated October 18, 2023, as deemed the appeal withdrawn and to reinstate the appeal are granted, so much of the decision and order on application dated October 18, 2023, as deemed the appeal withdrawn is recalled and vacated, and the appeal is reinstated; and it is further,

ORDERED that the branch of the motion which is to extend the time to perfect the appeal is granted, and on or before April 26, 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.

DUFFY, J.P., CHRISTOPHER, WAN and LOVE, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court