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Appellate Term, Second Department: January 10, 2024

Decision & Orders on Motions decided on:January 2, 2024

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By: Toussaint, Buggs, Ottley, JJ.

2022-802 K C. LEVITAN v. HERMAN — Motion by appellant: 1) for an extension of time to perfect an appeal from an order of the Civil Court of the City of New York, Kings County, entered August 19, 2022; 2) for an order permitting appellant to prosecute the appeal on a reproduced full record (22 NYCRR §731.9 [a] [2]); and 3) for an order accepting the brief and record filed with the Appellate Term on September 29, 2023, nunc pro tunc. Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is ORDERED that the branch of the motion seeking an extension of time to perfect the appeal is granted, and the appeal shall be perfected on or before February 23, 2024; and its is further, ORDERED that in the event the appeal is not perfected by February 23, 2024, the court, on its own motion, may dismiss the appeal, or respondent may move, on three days’notice, to dismiss the appeal, and may serve such application upon appellant in person; and it is further, ORDERED that the branch of the motion seeking to prosecute the appeal on a reproduced full record (22 NYCRR §731.9 [a][2]) is denied; and it is further, ORDERED that the branch of the motion seeking an order accepting the brief and record filed with the Appellate Term on September 29, 2023, nunc pro tunc, is denied. January 2, 2024

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