Appellate Division: Second Judicial Department

M308532

SA/

HECTOR D. LASALLE, P.J.

FRANCESCA E. CONNOLLY

LOURDES M. VENTURA

ELENA GOLDBERG VELAZQUEZ, JJ.

2024-12086 In the Matter of 1646 Union LLC, petitioner- respondent, v New York State Division of Housing and Community Renewal, appellant, et al., respondent; Cheryl Hyndman, nonparty-appellant. (Index No. 526346/2023)

DECISION & ORDER ON MOTION

Appeals from an order of the Supreme Court, Kings County, dated September 13, 2024. The appeal by New York State Division of Housing and Community Renewal was deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by the appellant New York State Division of Housing and Community Renewal pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of its appeal and, in effect, to extend the time to perfect its 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 by the appellant New York State Division of Housing and Community Renewal pursuant to 22 NYCRR 1250.10(a) is vacated, and on or before November 10, 2025, the appellant New York State Division of Housing and Community Renewal shall serve and file its appellant's brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve its 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.

LASALLE, P.J., CONNOLLY, VENTURA and GOLDBERG VELAZQUEZ, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court