Appellate Division: Second Judicial Department

M300705

KS/

MARK C. DILLON, J.P.

PAUL WOOTEN

BARRY E. WARHIT

LILLIAN WAN, JJ.

2023-06649 Three C LLC, et al., respondents, v City Settlement Service, Inc., et al., defendants, Edward Dowd, et al., appellants. (Index No. 6662/2016)

DECISION & ORDER ON MOTION

Appeals from an order of the Supreme Court, Suffolk County, dated May 4, 2023. The appeal by Edward Dowd was deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by the respondents to substitute Egan & Golden, LLP as counsel and to extend the time to serve and file a brief. Motion by the appellant Edward Dowd, inter alia, pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of his appeal and to extend the time to perfect his appeal.

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

ORDERED that the motion by the appellant Edward Dowd is granted to the extent that the dismissal of the appeal pursuant to 22 NYCRR 1250.10(a) is vacated, and on or before January 27, 2025, the appellant Edward Dowd shall serve and file his appellant's brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve his appellant's brief and upload a digital copy of his appellant's brief, with proof of service thereof, through the digital portal on this Court's website, and the motion is otherwise denied; and it is further,

ORDERED that the motion by the respondents is granted, Egan & Golden, LLP, 96 S. Ocean Avenue, Patchogue, NY 11772, is substituted as counsel for the respondents, the respondents' time to serve and file a brief is extended, and on or before March 27, 2025, the respondents shall serve and file the respondents' brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the brief and upload a digital copy of the brief, with proof of service thereof, through the digital portal on this Court's website.

DILLON, J.P., WOOTEN, WARHIT and WAN, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court