Appellate Division: Second Judicial Department

M305707

ID/

BETSY BARROS, J.P.

WILLIAM G. FORD

LOURDES M. VENTURA

DONNA-MARIE E. GOLIA, JJ.

2024-09002 Kevin J. Dolphin, respondent, v Incorporated Village of Freeport, et al., appellants. (Index No. 601119/2020)

DECISION & ORDER ON MOTION

Appeal from a judgment of the Supreme Court, Nassau County, dated July 11, 2024, which was deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by the appellants pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the appeal, to extend the time to perfect the appeal, and to stay enforcement of the judgment, pending hearing and determination of the appeal.

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 July 9, 2025, the appellants shall 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 branch of the motion which is to stay enforcement of the judgment is granted and the enforcement of the judgment is stayed, pending hearing and determination of the appeal, on condition that the appeal is perfected on or before July 9, 2025; and it is further,

ORDERED that in the event the appeal is not perfected on or before July 9, 2025, the Court, on its own motion, may vacate the stay, without further notice, or the respondents may move to vacate the stay, on three days notice.

BARROS, J.P., FORD, VENTURA and GOLIA, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court