Appellate Division: Second Judicial Department

M300188

KS/

MARK C. DILLON, J.P.

PAUL WOOTEN

JANICE A. TAYLOR

JAMES P. MCCORMACK, JJ.

2022-00232 486 Bklyn Realty, LLC, respondent, v Mary Louise Charles, appellant. (Appellate Term Docket No. 2018-2255 KC; Civil Court No. 67714/2017)

DECISION & ORDER ON MOTION

Appeal from an order of the Appellate Term, Second, Eleventh, and Thirteenth Judicial Districts, dated February 26, 2021, which determined an appeal from an order of the Civil Court of the City of New York, Kings County, dated October 3, 2018, 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, to extend the time to perfect the appeal, to stay all proceedings in the above-entitled action, including any warrant of eviction, pending hearing and determination of the appeal, and for leave to prosecute the appeal as a poor person.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion which is to vacate the dismissal of the appeal is granted, the dismissal of the appeal pursuant to 22 NYCRR 1250.10(a) is vacated; and it is further,

ORDERED that the branches of the motion which are to waive the filing fee, to proceed on the original papers, and to extend the time to perfect the appeal are granted, the filing fee is waived, and the appellant's time to 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, is extended until November 22, 2024; 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; and it is further,

ORDERED that the branch of the motion which is for free transcripts is granted and the stenographer(s) and/or the transcription service(s) is/are required promptly to make and certify two transcripts of the proceedings, if any, except for those minutes previously transcribed and certified; in the case of stenographers, both transcripts shall be filed with the clerk of the Civil Court of the City of New York, and the clerk of the Civil Court of the City of New York shall furnish one of such certified transcripts to the appellant's assigned counsel, without charge; in the case of transcription services, one transcript shall be filed with the clerk of the Civil Court of the City of New York and one transcript shall be delivered to the appellant. The appellant is directed to provide copies of said transcripts to all of the other parties to the appeals, when the appellant serves the appellant's brief upon those parties; and it is further,

ORDERED that the branch of the motion which is to stay all proceedings in the above-entitled action, including any warrant of eviction, pending hearing and determination of the appeal, is granted and all proceedings in the above-entitled action, including any warrant of eviction, are stayed, pending hearing and determination of the appeal, on condition that the appeal is perfected on or before November 22, 2024; and it is further,

ORDERED that in the event the appeal is not perfected on or before November 22, 2024, the Court, on its own motion, may vacate the stay, without further notice, or the plaintiffs- respondents or defendants-respondents may move to vacate the stay, on three days notice.

DILLON, J.P., WOOTEN, TAYLOR and MCCORMACK, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court