Collpoint Enterprises Inc. v Houmita
Motion No: 2021-06031
Slip Opinion No: 2024 NY Slip Op 64965(U)
Decided on March 29, 2024
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M295280

SW/

MARK C. DILLON, J.P.

VALERIE BRATHWAITE NELSON

WILLIAM G. FORD

LOURDES M. VENTURA, JJ.

2021-06031

Collpoint Enterprises Inc., respondent,

v Abdelhakim Houmita, appellant, et al.,

defendant.

(Index No. 705061/2020)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Queens County, dated July 20, 2021, 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, to extend the time to perfect the appeal, and to waive the filing fee.

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 to vacate the dismissal of the appeal and to 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 28, 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; and it is further,

ORDERED that the motion is otherwise denied.

DILLON, J.P., BRATHWAITE NELSON, FORD and VENTURA, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court