Appellate Division: Second Judicial Department

M312127

DF/

MARK C. DILLON, J.P.

VALERIE BRATHWAITE NELSON

LAURENCE L. LOVE

JAMES P. MCCORMACK, JJ.

2025-01443 Yester Castillo, appellant, v 1248 Associates LLC, respondent. (Index No. 522504/2018)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Kings County, dated December 6, 2024, which was deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by Yester Castillo to deem the notice of appeal to reflect that Yester Castillo is the appealing party, 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 the papers filed in opposition thereto, it is

ORDERED that the branch of the motion which is to deem the notice of appeal to reflect that Yester Castill is the appealing party is granted, the notice of appeal is deemed to reflect that Raymond Pierre-Louis is the appealing party (see CPLR 2001; Matter of Tagliaferri, 1 NY3d 605), and the caption is amended accordingly; and it is further,

ORDERED that the branches of the motion which are to vacate the dismissal of the appeal and to extend the time to perfect the appeal are granted, the dismissal of the appeal pursuant to 22 NYCRR 1250.10(a) is vacated, and on or before April 22, 2026, Yester Castillo 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.

DILLON, J.P., BRATHWAITE NELSON, LOVE and MCCORMACK, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court