| Matter of Norberto v Schroeder |
| Motion No: 2025-00639 |
| Slip Opinion No: 2025 NY Slip Op 75490(U) |
| Decided on August 29, 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. |
Appellate Division: Second Judicial Department
M307575
ID/
VALERIE BRATHWAITE NELSON, J.P.
DONNA-MARIE E. GOLIA
PHILLIP HOM
SUSAN QUIRK, JJ.
|
2025-00639 In the Matter of Thomas Norberto, petitioner, v Mark J. Schroeder, etc., respondent. (Index No. 522707/2021)
| DECISION & ORDER ON MOTION |
Proceeding pursuant to CPLR article 78, which was transferred to this Court by order of the Supreme Court, Kings County, dated December 18, 2023, 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 the petitioner's time to perfect the proceeding by causing the original papers constituting the record on appeal to be filed in the office of the Clerk of this Court (see 22 NYCRR 1250.9[a][5]), and by serving and filing the petitioner's brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, by serving the petitioner's brief, and uploading a digital copy of the petitioner's brief, with proof of service thereof, through the digital portal on this Court's website, is extended until September 29, 2025.
BRATHWAITE NELSON, J.P., GOLIA, HOM and QUIRK, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court