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Appellate Term, Second Department: May 14, 2024

Decision & Orders on Motions decided on:May 1-9, 2024

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By: Garguilo, P.J., McCormack, Walsh, JJ.

2023-722 S C. CITIBANK, N.A. v. MILLER — Motion by appellant to for an extension of time to perfect an appeal from an order of the District Court of Suffolk County, First District, entered May 19, 2023. Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is ORDERED on the court’s own motion, that the Order of Dismissal dated April 15, 2024, which erroneously dismissed the appeal for failure to prosecute is hereby recalled and vacated, and the appeal is reinstated; and it is further, ORDERED that the motion to extend the time to perfect the appeal is granted and the appeal shall be perfected on or before June 14, 2024; and it is further, ORDERED that in the event the appeal is not perfected by June 14, 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 the appellant in person. May 1, 2024

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