Wilmington Savings Fund Society, FSB v McKenzie
Motion No: 2024-05219
Slip Opinion No: 2025 NY Slip Op 65002(U)
Decided on March 19, 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

M303659

ID/

LARA J. GENOVESI, J.P.

DEBORAH A. DOWLING

JANICE A. TAYLOR

PHILLIP HOM, JJ.

2024-05219

Wilmington Savings Fund Society, FSB,

respondent, v Kim McKenzie, appellant.

(Index No. 34051/2012)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Suffolk County, dated February 27, 2024, 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 and, in effect, 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 April 18, 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.

GENOVESI, J.P., DOWLING, TAYLOR and HOM, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court