Appellate Division: Second Judicial Department

M309831

ID/

COLLEEN D. DUFFY, J.P.

ROBERT J. MILLER

DEBORAH A. DOWLING

JANICE A. TAYLOR, JJ.

2023-10582, 2023-10583 Deutsche Bank National Trust Company, etc., respondent, v Barbara Caldarella, appellant. (Index No. 14204/2011)

DECISION & ORDER ON MOTION

Appeals from an order and an order and judgment (one paper) of the Supreme Court, Nassau County, both dated August 21, 2023, which were deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by the appellant, in effect, pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the appeals, to extend the time to perfect the appeals, and to stay enforcement of the order and judgment, including the sale of the subject property, pending hearing and determination of the appeals.

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 branches of the motion which are, in effect, pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the appeals and to extend the time to perfect the appeals are granted, the dismissal of the appeals pursuant to 22 NYCRR 1250.10(a) is vacated, and on or before January 5, 2026, the appellant shall 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 the branch of the motion which is to stay enforcement of the order and judgment, including the sale of the subject property is granted and enforcement of the order and judgment is stayed, pending hearing and determination of the appeals.

DUFFY, J.P., MILLER, DOWLING and TAYLOR, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court