Appellate Division: Second Judicial Department

M309826

ID/

BETSY BARROS, J.P.

CHERYL E. CHAMBERS

LILLIAN WAN

SUSAN QUIRK, JJ.

2025-05429 In the Matter of Edwin Madden, petitioner, v Michael Capra, etc., respondent. (Index No. 508/2023)

DECISION & ORDER ON MOTION

Proceeding pursuant to CPLR article 78, which was transferred to this Court by order of the Supreme Court, Westchester County, dated February 29, 2024, which was deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by the petitioner, in effect, pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the proceeding and to extend the time to serve and file a brief.

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 February 3, 2026.

BARROS, J.P., CHAMBERS, WAN and QUIRK, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court