Appellate Division: Second Judicial Department

M304158

ID/

ANGELA G. IANNACCI, J.P.

HELEN VOUTSINAS

JANICE A. TAYLOR

LAURENCE L. LOVE, JJ.

2024-03816 Island Ordnance Systems, LLC, respondent- appellant, v Amerimex, Inc., appellant-respondent. (Index No. 604583/2020)

DECISION & ORDER ON MOTION

Appeal and cross-appeal from a judgment of the Supreme Court, Nassau County, dated April 15, 2024, which were deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by the appellant-respondent pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the appeal and to extend the time to perfect the appeal. Cross-motion by the respondent-appellant pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the cross-appeal and to extend the time to perfect the cross-appeal.

Upon the papers filed in support of the motions and the papers filed in opposition 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 May 7, 2025, the appellant-respondent shall serve and file the joint record or appendix and the appellant-respondent's brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the joint record or appendix and the appellant-respondent's brief and upload digital copies of the joint record or appendix and the appellant-respondent's brief, with proof of service thereof, through the digital portal on this Court's website; and it is further,

ORDERED that the cross-motion is granted to the extent that the respondent-appellant shall serve and file an answering brief in accordance with the rules of the Appellate Division (see 22 NYCRR 1250.9[f][1][iv]), and the motion by the respondent-appellant is otherwise denied.

IANNACCI, J.P., VOUTSINAS, TAYLOR and LOVE, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court