Appellate Division: Second Judicial Department

M310396

ID/

COLLEEN D. DUFFY, J.P.

PAUL WOOTEN

DONNA-MARIE E. GOLIA

PHILLIP HOM, JJ.

2024-10073 In the Matter of Darrell Spragion, petitioner, v A. Rodriguez, etc., respondent (Index No. 425/2024)

DECISION & ORDER ON MOTION

Proceeding pursuant to CPLR article 78, which was transferred to this Court by order of the Supreme Court, Dutchess County, dated September 24, 2024, which was deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by the petitioner pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the proceeding and to extend the time to perfect the proceeding.

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, the petitioner's time to perfect the proceeding by causing the original papers constituting the record on the proceeding 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 digital copy of the petitioner's brief, with proof of service thereof, through the digital portal on this Court's website, is extended until March 2, 2026.

DUFFY, J.P., WOOTEN, GOLIA and HOM, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court