Appellate Division: Second Judicial Department

M300445

ID/

ANGELA G. IANNACCI, J.P.

LARA J. GENOVESI

LILLIAN WAN

CARL J. LANDICINO, JJ.

2023-07903 HSBC Bank USA, National Association, etc., respondent, v Luis Guaman, et al., defendants, Angelita Chimbay, etc., appellant. (Index No. 718304/2021)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Queens County, dated May 30, 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 and to stay enforcement of a judgment of the same court dated November 22, 2017, 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 branches of the motion which are to vacate the dismissal of the appeal and to extend the time to perfect the appeal are granted, the dismissal of the appeal pursuant to 22 NYCRR 1250.10(a) is vacated, and on or before December 2, 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 branch of the motion which is to stay enforcement of the judgment is denied.

IANNACCI, J.P., GENOVESI, WAN and LANDICINO, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court