Appellate Division: Second Judicial Department

M307951

AFA/

MARK C. DILLON, J.P.

CHERYL E. CHAMBERS

LILLIAN WAN

JAMES P. MCCORMACK, JJ.

2024-11656 Kearsing & Edwards American Legion Post 1600 Inc., et al., appellants, v Town of Ramapo, et al., respondents. (Index No. 31226/2022)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Rockland County, dated October 3, 2024, which was deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by the respondents, inter alia, to dismiss the appeal for failure to timely perfect. Cross-motion by the appellants, in effect, pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the appeal, to extend the time to perfect the appeal, and for a preference in the calendaring of the appeal.

Upon the papers filed in support of the motion and cross-motion and the papers filed in opposition thereto, it is

ORDERED that the motion by the respondents is denied; and it is further,

ORDERED that the branches of the cross-motion which are pursuant to 22 NYCRR 1250.10(c) 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 October 17, 2025, the appellants shall and 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 cross-motion which is for a preference in the

calendaring of the appeal is denied.

DILLON, J.P., CHAMBERS, WAN and MCCORMACK, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court