Moss v Board of Education of the Sachem Central School
Motion No: 2024-03094
Slip Opinion No: 2025 NY Slip Op 61741(U)
Decided on January 31, 2025
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

M302524

ID/

ANGELA G. IANNACCI, J.P.

LINDA CHRISTOPHER

DEBORAH A. DOWLING

PHILLIP HOM, JJ.

2024-03094

William King Moss III, appellant, v Board

of Education of the Sachem Central School

District, et al., respondents.

(Index No. 602607/2023)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Suffolk County, dated December 6, 2023, which was deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by the appellant, inter alia, pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the appeal, to extend the time to perfect the appeal, and, in effect, to be exempt from electronic filing.

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 April 1, 2025, 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, in effect, to be exempt from electronic filing is denied without prejudice to filing an application for such relief in accordance with the Electronic Filing Rules of the Appellate Division (see 22 NYCRR 1245.4[e]); and it is further,

ORDERED that the motion is otherwise denied.

IANNACCI, J.P., CHRISTOPHER, DOWLING and HOM, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court