Matter of Gega v Annucci
Motion No: 2024-05295
Slip Opinion No: 2025 NY Slip Op 68709(U)
Decided on May 14, 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

M305102

ID/

LARA J. GENOVESI, J.P.

WILLIAM G. FORD

LILLIAN WAN

LAURENCE L. LOVE, JJ.

2024-05295

In the Matter of Edmir Gega, petitioner,

v Anthony Annucci, etc., et al., respondents.

(Index No. 289/2024)

DECISION & ORDER ON MOTION

Proceeding pursuant to CPLR article 78, which was transferred to this Court by order of the Supreme Court, Dutchess County, dated May 2, 2024, which was deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by the petitioner pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the proceeding and to extend the time to perfect the proceeding.

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 proceeding pursuant to 22 NYCRR 1250.10(a) is vacated, and on or before July 14, 2025, the petitioner shall cause the original papers constituting the record on the appeal to be filed in the office of the Clerk of this Court (see 22 NYCRR 1250.9[a][5]) and shall serve and file the petitioner's brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the petitioner's brief and upload a digital copy of the petitioner's brief, with proof of service thereof, through the digital portal on this Court's website.

GENOVESI, J.P., FORD, WAN and LOVE, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court