Appellate Division: Second Judicial Department

M297235

AFA/

BETSY BARROS, J.P.

WILLIAM G. FORD

LILLIAN WAN

CARL J. LANDICINO, JJ.

2023-01185 In the Matter of Sali Rakower, et al., petitioners-respondents, v Victor Dedvukaj, et al., appellants. (Index No. 67986/2021)

DECISION & ORDER ON MOTION

Appeal from a judgment of the Supreme Court, Westchester County, dated December 16, 2022, which was deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by the appellant Victor Dedvukaj pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the appeal, to extend the time to perfect the appeal, to deem the notice of appeal to reflect that all respondents in the underlying proceeding are appealing parties, and to grant counsel leave to appear on behalf of all appellants.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion which is to grant counsel leave to appear on behalf of all appellants is granted to the extent that the notice of appearance appended to the moving papers as Exhibit E is accepted for filing, and that branch of the motion is otherwise denied as unnecessary (see 22 NYCRR 670.1[c]); and it is further,

ORDERED that the branch of the motion which is to deem the notice of appeal to reflect that all respondents in the underlying proceeding are appealing parties is granted, the notice of appeal is deemed to reflect that Victor Dedvukaj, Dedvukaj Builders, Inc., Dedvukaj Builders Group, Inc., Dedvukaj Builders Group NYC, Inc., Soho Construction NYC Inc., Violeta Dedvukaj, Marash Dedvukaj, Dedvukaj Construction, Inc., D & D Real Estate Services Group Inc., and Johnny's Pizzeria of Mamaroneck, Inc. are the appealing parties (see CPLR 2001; Matter of Tagliaferri, 1 NY3d 605), and the caption is amended accordingly; and it is further,

ORDERED that the branches of the motion which are to vacate the dismissal of the appeal and 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 22, 2024, the appellants shall and serve and file the record or appendix and the appellants' brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the record or appendix and the appellants' brief and upload digital copies of the record or appendix and the appellants' brief, with proof of service thereof, through the digital portal on this Court's website.

BARROS, J.P., FORD, WAN and LANDICINO, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court