| Grafton v Power |
| Motion No: 2024-04724 |
| Slip Opinion No: 2025 NY Slip Op 66866(U) |
| Decided on April 16, 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. |
Appellate Division: Second Judicial Department
M304360
AFA/
ANGELA G. IANNACCI, J.P.
LARA J. GENOVESI
PAUL WOOTEN
LAURENCE L. LOVE, JJ.
|
2024-04724 Mazel Grafton, respondent, v Earl Power, et al., appellants. (Index No. 521852/2023)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Kings County, dated April 15, 2024, which was deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by the appellants, 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 to waive certification of the record.
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 June 16, 2025, the appellants shall and serve and file the record or appendix and the appellants' brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the record or appendix and the appellants' brief and upload digital copies of the record or appendix and the appellants' brief, with proof of service thereof, through the digital portal on this Court's website; and it is further,
ORDERED that the motion is otherwise denied.
IANNACCI, J.P., GENOVESI, WOOTEN and LOVE, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court