| Fagan v Gorbatko |
| Motion No: 2023-07561 |
| Slip Opinion No: 2024 NY Slip Op 65493(U) |
| Decided on April 8, 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. |
Appellate Division: Second Judicial Department
M295558
SW/
COLLEEN D. DUFFY, J.P.
PAUL WOOTEN
DEBORAH A. DOWLING
LILLIAN WAN, JJ.
|
2023-07561, 2023-07807 Justin Fagan, plaintiff-respondent, v Evgeniya A. Gorbatko, defendant; Chaim Steinberger, P.C., non-party appellant. (Index No. 57048/2020)
| DECISION & ORDER ON MOTION |
Appeals from two orders of the Supreme Court, Westchester County, dated April 12, 2023 and May 1, 2023, respectively, which were 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 appeals and to extend the time to perfect the appeals.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted, the dismissal of the appeals pursuant to 22 NYCRR 1250.10(a) is vacated, and on or before May 8, 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., WOOTEN, DOWLING and WAN, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court