Matter of Moody v City of New York
Motion No: 2023-03767
Slip Opinion No: 2024 NY Slip Op 66417(U)
Decided on April 22, 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

M295906

AFA/

FRANCESCA E. CONNOLLY, J.P.

VALERIE BRATHWAITE NELSON

LINDA CHRISTOPHER

JANICE A. TAYLOR, JJ.

2023-03767

In the Matter of Aura Moody, appellant,

v City of New York, et al., respondents.

(Index No. 722995/2022)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Queens County, dated March 13, 2023, which was deemed dismissed pursuant to pursuant to 22 NYCRR 1250.10(a). Motion by the appellant, in effect, 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 no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is granted, the dismissal of the appeal pursuant to 22 NYCRR 1250.10(a) is vacated, and on or before May 22, 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 no further extension of time shall be granted.

CONNOLLY, J.P., BRATHWAITE NELSON, CHRISTOPHER and TAYLOR, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court