Appellate Division: Second Judicial Department

M300613

KS/

COLLEEN D. DUFFY, J.P.

WILLIAM G. FORD

BARRY E. WARHIT

LAURENCE L. LOVE, JJ.

2023-08835 Rakhal Barua, et al., plaintiffs-respondents, Nayan Barua, et al., plaintiffs-appellants, v Subir Barua, et al., defendants-respondents, et al., defendant. (Index No. 723884/2020)

DECISION & ORDER ON MOTION

Appeal from a judgment of the Supreme Court, Queens County, dated August 8, 2023, which was 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 appeal, to extend the time to perfect the appeal, and to stay their eviction from the subject premises, 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 pursuant to 22 NYCRR 1250.10(c) 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 9, 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; and it is further,

ORDERED that the branch of the motion which is to stay the appellants' eviction from the subject premises, pending hearing and determination of the appeal, is denied.

DUFFY, J.P., FORD, WARHIT and LOVE, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court