| Travis v Bhuta |
| Motion No: 2023-11110 |
| Slip Opinion No: 2024 NY Slip Op 77325(U) |
| Decided on October 25, 2024 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M300267
KS/
FRANCESCA E. CONNOLLY, J.P.
LARA J. GENOVESI
BARRY E. WARHIT
LAURENCE L. LOVE, JJ.
|
2023-11110 Joan E. Travis, appellant, v Kalyani M. Bhuta, etc., et al., respondents, et al., defendants. (Index No. 70884/2012)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Westchester County, dated July 25, 2023, 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. Separate renewed motion by the appellant pro se for leave to prosecute the appeal as a poor person.
Upon the papers filed in support of the motions and no papers having been filed in opposition or in relation 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 branch of the motion which is for leave to prosecute the appeal on the original papers is denied as unnecessary as this relief was previously granted by decision and order on motion of this Court dated May 6, 2024; and it is further,
ORDERED that the branches of the motion which are to waive payment of the filing fee and for free transcripts are denied; and it is further,
ORDERED that the branch of the motion which is to extend the time to perfect the appeal is granted, 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 25, 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.
CONNOLLY, J.P., GENOVESI, WARHIT and LOVE, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court