Opinion
2020-04291 2020-07942 Index 520686/2017 520686/2017
06-23-2021
Chen & Lin 7173 Realty, LLC, appellant, v. City of New York, et al., defendants, Fidelity National Title Insurance Company, respondent. Chen & Lin 7173 Realty, LLC, appellant, v. City of New York, et al., defendants, Raymond Nickolson, etc., respondent.
M277776 MB/
WILLIAM F. MASTRO, J.P. ROBERT J. MILLER BETSY BARROS LINDA CHRISTOPHER, JJ.
DECISION & ORDER ON MOTION
Appeal from an order of the Supreme Court, Kings County, dated March 10, 2020, and an appeal from an order of the same court, dated October 1, 2020, 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 from the order dated October 1, 2020, to consolidate the appeals and to extend the time to perfect the appeals. Cross motion by Raymond Nickolson for a preference in the calendaring of the appeals.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the papers filed in support of the cross motion and no papers filed in opposition or in relation thereto, it is
ORDERED that the branches of the motion which are to vacate the dismissal of the appeal from the order dated October 1, 2020, and to extend the time to perfect the appeals are granted, the dismissal of the appeal from the order dated October 1, 2020, pursuant to 22 NYCRR 1250.10(a) is vacated, and on or before August 9, 2021, the appellant shall serve and file the record or appendix on the appeals and a brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the record or appendix on the appeals and the brief and upload digital copies of the record or appendix and the brief, with proof of service thereof, through the digital portal on this Court's website; and it is further, ORDERED that no further extension of time shall be granted; and it is further, ORDERED that the branch of the motion which is to consolidate the appeals is denied as unnecessary as the appeals may be consolidated as of right (see 22 NYCRR 1250.9[f][3]); and it is further, ORDERED that the cross motion is granted and the appeals will be calendared after all of the briefs have been filed.
MASTRO, J. P, MILLER, BARROS and CHRISTOPHER, JJ, concur