Appellate Division: Second Judicial Department

M299405

ID/

VALERIE BRATHWAITE NELSON, J.P.

HELEN VOUTSINAS

CARL J. LANDICINO

JAMES P. MCCORMACK, JJ.

2023-11301 Ditech, etc., appellant-respondent, v George Rapuzzi, respondent-appellant. (Index No. 506351/2018)

DECISION & ORDER ON MOTION

Appeal and cross-appeal from an order of the Supreme Court, Kings County, dated June 6, 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 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 23, 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.

BRATHWAITE NELSON, J.P., VOUTSINAS, LANDICINO and MCCORMACK, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court