Appellate Division: Second Judicial Department

M297757

ID/

COLLEEN D. DUFFY, J.P.

JOSEPH J. MALTESE

DEBORAH A. DOWLING

LAURENCE L. LOVE, JJ.

2023-07984 Alisher Sharopov, et al., plaintiffs, v Caroline Apartments Preservation, L.P., et al., defendants, Caroline Holdings, LLC, defendant third-party plaintiff-appellant; La Case Del Mofongo 207, LLC, third-party defendant-respondent, et al., defendant third-party plaintiff. (Index No. 518073/2017)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Kings County, dated June 2, 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 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 August 14, 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.

DUFFY, J.P., MALTESE, DOWLING and LOVE, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court