Telly's Taverna of Port Chester, Ltd. v Yerman Group, LLC
Motion No: 2024-06773
Slip Opinion No: 2026 NY Slip Op 62367(U)
Decided on February 13, 2026
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M311281

ID/

LARA J. GENOVESI, J.P.

BARRY E. WARHIT

LAURENCE L. LOVE

SUSAN QUIRK, JJ.

2024-06773

Telly's Taverna of Port Chester, Ltd.,

appellant, v Yerman Group, LLC, et al.,

respondents.

(Index No. 56074/2023)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Westchester County, dated June 26, 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.

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 pursuant to 22 NYCRR 1250.10(a) is vacated, and on or before March 16, 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.

GENOVESI, J.P., WARHIT, LOVE and QUIRK, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court