Appellate Division: Second Judicial Department

M300899

AFA/

MARK C. DILLON, J.P.

BARRY E. WARHIT

LOURDES M. VENTURA

DONNA-MARIE E. GOLIA, JJ.

2022-08513 Verna Blake, appellant, v Rachel A. Sherer, respondent. (Index No. 713932/2019)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Queens County, entered September 12, 2022, 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, to extend the time to perfect the appeal, and to enlarge the record to include certain material.

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 23, 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 enlarge the record to include certain material is denied as unnecessary with respect to Supreme Court NYSCEF Document Nos. 40-68, and is otherwise denied.

DILLON, J.P., WARHIT, VENTURA and GOLIA, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court