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Artale v. Leonardi

Supreme Court of New York, Second Department
Jul 6, 2022
2022 N.Y. Slip Op. 68334 (N.Y. App. Div. 2022)

Opinion

Motion Nos. 2019-13366 2021-04109 Index No. 15714/2012

07-06-2022

Frank Artale, plaintiff-respondent, v. Charlene Leonardi, appellant, Thomas Leonardi, etc., defendant-respondent, et al., defendants (and a third-party action).


Unpublished Opinion

MOTION DECISION

M283912

FRANCESCA E. CONNOLLY, J.P. ANGELA G. IANNACCI CHERYL E. CHAMBERS WILLIAM G. FORD, JJ.

DECISION & ORDER ON MOTION

Appeals from a decision of the Supreme Court, Kings County, dated August 28, 2019, and a judgment of the same court dated December 1, 2020. The appeal from the decision was deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by the plaintiff-respondent to dismiss the appeal from the judgment pursuant to Bray v Cox (38 N.Y.2d 350). Cross motion by the appellant pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the appeal from the decision and to consolidate the appeals.

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

ORDERED that the motion is denied; and it is further, ORDERED that the cross motion is denied; and it is further, ORDERED that on the Court's own motion, the appellant's time to perfect the appeal from the judgment is extended, and on or before August 5, 2022, the appellant 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.

CONNOLLY, J.P., IANNACCI, CHAMBERS and FORD, JJ., concur.


Summaries of

Artale v. Leonardi

Supreme Court of New York, Second Department
Jul 6, 2022
2022 N.Y. Slip Op. 68334 (N.Y. App. Div. 2022)
Case details for

Artale v. Leonardi

Case Details

Full title:Frank Artale, plaintiff-respondent, v. Charlene Leonardi, appellant…

Court:Supreme Court of New York, Second Department

Date published: Jul 6, 2022

Citations

2022 N.Y. Slip Op. 68334 (N.Y. App. Div. 2022)