Appellate Division: Second Judicial Department

M302810

KS/

BETSY BARROS, J.P.

LINDA CHRISTOPHER

BARRY E. WARHIT

JAMES P. MCCORMACK, JJ.

2023-03202 In the Matter of Kenyatta Williams, appellant, v Dennis M. Cohen, etc., et al., respondents. (Index No. 607685/2022)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Suffolk County, dated December 22, 2022, 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, to extend the time to perfect the appeal, and for leave to prosecute the appeal on the original papers.

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

ORDERED that the branches of the motion which are pursuant to 22 NYCRR 1250.10(c) 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 11, 2025, the appellant shall cause the original papers constituting the record on the appeal to be filed in the office of the Clerk of this Court (see 22 NYCRR 1250.9[a][5]), and shall serve and file the appellant's brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the appellant's brief and upload a digital copy of the appellant's brief, with proof of service thereof, through the digital portal on this Court's website; if the appellant is unable to access the digital portal on this Court's website, the appellant may file one copy of the brief by regular mail; and it is further,

ORDERED that the branch of the motion which is for leave to prosecute the appeal on the original papers is denied as unnecessary as this relief was previously granted by decision and order on motion of this Court dated April 24, 2024.

BARROS, J.P., CHRISTOPHER, WARHIT and MCCORMACK, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court