Appellate Division: Second Judicial Department

M310196

AFA/

BETSY BARROS, J.P.

LARA J. GENOVESI

LOURDES M. VENTURA

ELENA GOLDBERG VELAZQUEZ, JJ.

2024-13540 Luis Morocho, appellant, v MTA Bus Company, et al., respondents. (Index No. 719980/2021)

DECISION & ORDER ON MOTION

Appeal from a judgment of the Supreme Court, Queens County, dated November 8, 2024, which was deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by the appellant pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the appeal and to extend the time to perfect the appeal. Cross-motion by the respondent to dismiss the appeal on the ground that failure to pursue an appeal from an order of the same court dated December 29, 2023, precludes consideration of the issues to be raised on the appeal from the judgment.

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

ORDERED that the motion is granted, the dismissal of the appeal pursuant to 22 NYCRR 1250.10(a) is vacated, and on or before January 21, 2026, the appellant shall and 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 cross-motion is denied.

BARROS, J.P., GENOVESI, VENTURA and GOLDBERG VELAZQUEZ, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court