Appellate Division: Second Judicial Department

M298925

AFA/

MARK C. DILLON, J.P.

WILLIAM G. FORD

LILLIAN WAN

JANICE A. TAYLOR, JJ.

2023-03670 Victoria Oshiro, appellant, v City of New York, et al., respondents. (Index No. 60943/2022)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Westchester County, dated February 27, 2023. Motion by the appellant, in effect, pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the appeal, to extend the time to perfect the appeal, and to enlarge the record to include court records of an action entitled City of New York v Oshiro, pending in the Supreme Court, New York County, under Index No. 450876/2022.

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, in effect, to vacate the dismissal of the appeal and to extend the time to perfect the appeal are granted, and on or before October 4, 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 enlarge the record is denied as unnecessary as those court records are properly part of the record.

DILLON, J.P., FORD, WAN and TAYLOR, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court