Appellate Division: Second Judicial Department

M297291

AFA/

ANGELA G. IANNACCI, J.P.

PAUL WOOTEN

LARA J. GENOVESI

LOURDES M. VENTURA, JJ.

2023-05970 Keisha Jefferson, plaintiff-respondent, v Michael Picarelli, etc., appellant, Verrazano Nursing Home, Inc., defendant-respondent, et al., defendants. (Index No. 152793/2019)

DECISION & ORDER ON MOTION

Appeal and cross-appeal from an order of the Supreme Court, Richmond County, dated June 12, 2023. Motion by the plaintiff-respondent to vacate the dismissal of the cross-appeal and, upon reinstatement, to withdraw the cross-appeal, and to extend the time to serve and file a respondent's brief.

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 vacate the dismissal of the cross-appeal and, upon reinstatement, to withdraw the cross-appeal is granted, the dismissal of the cross-appeal is vacated, and the cross-appeal is deemed withdrawn; and it is further,

ORDERED that the branch of the motion which is to extend the time to serve and file a respondent's brief is granted, and on or before July 24, 2024, the plaintiff-respondent shall serve and file the plaintiff-respondent's brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the brief and upload a digital copy of the brief, with proof of service thereof, through the digital portal on this Court's website.

IANNACCI, J.P., WOOTEN, GENOVESI and VENTURA, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court