Appellate Division: Second Judicial Department

M305869

AFA/

ANGELA G. IANNACCI, J.P.

ROBERT J. MILLER

LILLIAN WAN

CARL J. LANDICINO, JJ.

2024-05069 Phee Simpson, appellant, v Poughkeepsie City School District, respondent. (Index No. 51499/2019)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Dutchess County, dated April 15, 2024. Motion by the appellant to extend the time to perfect the appeal. By order to show cause dated April 28, 2025, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal on the ground that the notice of appeal does not "designate the party taking the appeal, the judgment or order or specific part of the judgment or order appealed from and the court from which the appeal is taken" (CPLR 5515[1]), and the motion by the appellant was held in abeyance in the interim. Application by the appellant, in effect, to deem the notice of appeal to reflect that the appeal is taken by the plaintiff and that the appeal is from an order of the Supreme Court, Dutchess County, dated April 15, 2024.

Now, upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the motion and the application by the appellant and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion to dismiss the appeal is denied; and it is further,

ORDERED that application by appellant, in effect, to deem the notice of appeal to reflect that the appeal is taken by the plaintiff and that the appeal is from an order of the Supreme Court, Dutchess County, dated April 15, 2024, is granted, the notice of appeal is deemed to reflect that the appeal is taken by the plaintiff and that the appeal is from an order of the Supreme Court, Dutchess County, dated April 15, 2024; and it is further,

ORDERED that the motion by the appellant to extend the time to perfect the appeal is granted, and on or before August 12, 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.

IANNACCI, J.P., MILLER, WAN and LANDICINO, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court