Telly's Taverna of Port Chester, Ltd. v Yerman Group, LLC
Motion No: 2024-06773
Slip Opinion No: 2025 NY Slip Op 73540(U)
Decided on July 28, 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

M306834

ID/

CHERYL E. CHAMBERS, J.P.

LINDA CHRISTOPHER

CARL J. LANDICINO

PHILLIP HOM, JJ.

2024-06773

Telly's Taverna of Port Chester, Ltd.,

appellant, v Yerman Group, LLC, et al.,

respondents.

(Index No. 56074/2023)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Westchester County, dated June 26, 2024, which was deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by the appellant pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the appeal and to extend the time to perfect the appeal.

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 appeal pursuant to 22 NYCRR 1250.10(a) is vacated, and on or before August 27, 2025, the appellant shall and 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.

CHAMBERS, J.P., CHRISTOPHER, LANDICINO and HOM, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court