Appellate Division: Second Judicial Department

M304029

ID/

BETSY BARROS, J.P.

PAUL WOOTEN

WILLIAM G. FORD

PHILLIP HOM, JJ.

2024-03831 Changhe Cheng, appellant, v Dajin Realty Inc., respondent. (Index No. 724392/2022)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Queens County, dated January 16, 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 to extend the time to perfect the appeal. Motion by the respondent to compel the appellant to perfect the appeal with the record and brief filed as Appellate Division NYSCEF document numbers 2 and 3.

Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is

ORDERED that the motion by the appellant is granted, the dismissal of the appeal pursuant to 22 NYCRR 1250.10(a) is vacated, and on or before May 2, 2025, the appellant shall 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 motion by the respondent is denied.

BARROS, J.P., WOOTEN, FORD and HOM, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court