Appellate Division: Second Judicial Department

M307528

AFA/

MARK C. DILLON, J.P.

LAURENCE L. LOVE

JAMES P. MCCORMACK

SUSAN QUIRK, JJ.

2023-11491 Maura Ellen Rose, respondent, v Thom Primer, appellant. (Index No. 50427/2021)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Kings County, dated October 17, 2023,

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. Motion by the respondent, inter alia, to extend the time to serve and file a brief. Separate motion by the respondent, inter alia, to extend the time to serve and file a brief.

Upon the papers filed in support of the motion by the appellant and the papers filed in opposition thereto, and upon the papers filed in support of the motions by the respondent and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion by the appellant is granted, the dismissal of the appeal pursuant to 22 NYCRR 1250.10(a) is vacated, and on or before September 11, 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; and it is further,

ORDERED that no further extension of time shall be granted; and it is further,

ORDERED that the motions by the respondent are denied as premature.

DILLON, J.P., LOVE, MCCORMACK and QUIRK, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court