Appellate Division: Second Judicial Department

M299277

ID/

COLLEEN D. DUFFY, J.P.

ROBERT J. MILLER

LINDA CHRISTOPHER

LOURDES M. VENTURA, JJ.

2024-00068 Michael Marcigliano, appellant-respondent, v Nicholas A. Coulianidis, respondent-appellant. (Index No. 612004/2023)

DECISION & ORDER ON MOTION

Appeal and cross-appeal from an order of the Supreme Court, Suffolk County, dated September 18, 2023. The appeal was deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by the appellant-respondent 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 October 18, 2024, the appellant-respondent shall and serve and file the joint record or appendix and the appellant-respondent's brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the joint record or appendix and the appellant-respondent's brief and upload digital copies of the joint record or appendix and the appellant-respondent's brief, with proof of service thereof, through the digital portal on this Court's website.

DUFFY, J.P., MILLER, CHRISTOPHER and VENTURA, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court