Appellate Division: Second Judicial Department

M299789

ID/

MARK C. DILLON, J.P.

ROBERT J. MILLER

HELEN VOUTSINAS

LOURDES M. VENTURA, JJ.

2024-00700 Remede Consulting Group Inc., respondent, v Jason Pitter, appellant, et al., defendants. (Index No. 606756/2019)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Nassau County, dated December 5, 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 motion by the appellant to stay enforcement of a judgment of the same court dated December 12, 2023, pending hearing and determination of the appeal.

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

ORDERED that the motion to vacate the dismissal of the appeal and to extend the time to perfect the appeal is granted, the dismissal of the appeal pursuant to 22 NYCRR 1250.10(a) is vacated, and on or before November 29, 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 motion to stay enforcement of the judgment is granted and the enforcement of the judgment is stayed, pending hearing and determination of the appeal.

DILLON, J.P., MILLER, VOUTSINAS and VENTURA, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court