Appellate Division: Second Judicial Department

M298592

KS/

FRANCESCA E. CONNOLLY, J.P.

JOSEPH J. MALTESE

DEBORAH A. DOWLING

LOURDES M. VENTURA, JJ.

2023-00521 In the Matter of Cassius Daley, appellant, v Diane H. Holford, etc., respondent. (Index No. 291/2022)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Westchester County, dated October 18, 2022, 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 the papers filed in opposition 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 October 18, 2024, the appellant shall perfect the appeal by causing the original papers constituting the record on appeal to be filed in the office of the Clerk of this Court (see 22 NYCRR 1250.9[a][5]), and by serving and filing the appellant's brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, by serving the appellant's brief, and uploading a digital copy of the appellant's brief, with proof of service thereof, through the digital portal on this Court's website; if the appellant is unable to access the digital portal on this Court's website, the appellant may file one copy of the brief by regular mail.

CONNOLLY, J.P., MALTESE, DOWLING and VENTURA, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court