Opinion
Motion Nos. 2022-08368 2023-05283 Index No. 510162/2020
03-29-2024
Janet Bruce, plaintiff-respondent, v. Sanford Solny, et al., respondents, Abraham Hoschander, et al., appellants. Janet Bruce, plaintiff-respondent-appellant, v. Sanford Solny, et al., respondents, Abraham Hoschander, et al., defendants- appellants-respondents.
Unpublished Opinion
MOTION DECISION
M295279
FRANCESCA E. CONNOLLY, J.P., JOSEPH J. MALTESE, DEBORAH A. DOWLING, BARRY E. WARHIT, JJ.
DECISION & ORDER ON MOTION
Appeal from an order of the Supreme Court, Kings County, dated August 24, 2022, and appeal and cross-appeal from an order of the same court dated February 23, 2023, respectively. Motion by the appellants-respondents to extend the time to perfect the appeals and to consolidate the appeals and cross-appeal. Cross-motion by respondent-appellant, in effect, to withdraw the cross-appeal and to dismiss the appeal from the order dated February 23, 2023, on the ground that the appeal was untimely taken.
Upon the papers filed in support of the motion and cross-motion and the papers filed in opposition thereto, it is
ORDERED that the cross-motion is granted, the cross-appeal is deemed withdrawn, and the appeal from the order dated February 23, 2023, is dismissed, without costs or disbursements; and it is further, ORDERED that the branch of the motion which is to extend the time to perfect the appeal from the order dated August 24, 2022, is granted, and on or before April 29, 2024, the appellants shall serve and file the record or appendix and the appellants' brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the record or appendix and the appellants' brief and upload digital copies of the record or appendix and the appellants' brief, with proof of service thereof, through the digital portal on this Court's website, and the motion is otherwise denied as academic.
CONNOLLY, J.P., MALTESE, DOWLING and WARHIT, JJ., concur.