Upstate National Bank v Kandel
Motion No: 2023-06125
Slip Opinion No: 2024 NY Slip Op 77568(U)
Decided on October 30, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M300369

ID/

MARK C. DILLON, J.P.

DEBORAH A. DOWLING

LOURDES M. VENTURA

JAMES P. MCCORMACK, JJ.

2023-06125, 2023-06127

Upstate National Bank, plaintiff, v Henry

Kandel, et al., defendants, Klara Kandel,

defendant-appellant; Ashley Kandel,

nonparty-appellant; U.S. Bank National

Association, etc., nonparty-respondent.

(Index No. 3654/2005)

DECISION & ORDER ON MOTION

Appeals from two orders of the Supreme Court, Nassau County, both dated June 7, 2023, which were deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by the appellants pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the appeals and to extend the time to perfect the appeals.

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 appeals pursuant to 22 NYCRR 1250.10(a) is vacated, and on or before November 29, 2024, the appellants shall and serve and file the record or appendix and the appellants' brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the record or appendix and the appellants' brief and upload digital copies of the record or appendix and the appellants' brief, with proof of service thereof, through the digital portal on this Court's website.

DILLON, J.P., DOWLING, VENTURA and MCCORMACK, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court