Appellate Division: Second Judicial Department

M297014

AFA/

MARK C. DILLON, J.P.

ROBERT J. MILLER

BARRY E. WARHIT

JANICE A. TAYLOR, JJ.

2023-08025 In the Matter of Maurice G. Lewis, appellant, v New York City Transit Authority, et al., respondents. (Index No. 166/2021)

DECISION & ORDER ON MOTION

Appeal from an order and judgment (one paper) of the Supreme Court, Kings County, dated June 27, 2023, 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 deem the notice of appeal to reflect that the appellant is appealing to the Appellate Division, Second Judicial Department.

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 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 July 12, 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 branch of the motion which is to deem the notice of appeal to reflect that the appellant is appealing to the Appellate Division, Second Judicial Department is granted, and the notice of appeal is deemed to reflect that the appellant is appealing to the Appellate Division, Second Judicial Department (see CPLR 2001; Matter of Tagliaferri, 1 NY3d 605).

DILLON, J.P., MILLER, WARHIT and TAYLOR, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court