Mateo v 341-353 39th Street, LLC
Motion No: 2023-11441
Slip Opinion No: 2024 NY Slip Op 78347(U)
Decided on November 15, 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

M300737

ID/

BETSY BARROS, J.P.

LARA J. GENOVESI

JANICE A. TAYLOR

DONNA-MARIE E. GOLIA, JJ.

2023-11441

Danilo Mateo, respondent, v 341-353

39th Street, LLC, et al., appellants.

(Index No. 516307/2019)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Kings County, dated October 11, 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 and to extend the time to perfect the appeal.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is granted, the dismissal of the appeal pursuant to 22 NYCRR 1250.10(a) is vacated, and on or before December 16, 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.

BARROS, J.P., GENOVESI, TAYLOR and GOLIA, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court