Opinion
Motion Nos. 2021-09495 2022-00623 Index No. 521396/2017
10-13-2023
Kingstone Insurance Company, Plaintiff, v. Marina Fronshtein, et al., Respondents-Appellants. Alejandro Perez Barranco, Appellant-Respondent, Kingstone Insurance Company, Plaintiff-Respondent, Alejandro Perez Barranco, Appellant-Respondent, v. Marina Fronshtein, et al., Respondents-Appellants.
Unpublished Opinion
MOTION DECISION
M291581
JOSEPH J. MALTESE, J.P., WILLIAM G. FORD, BARRY E. WARHIT, LOURDES M. VENTURA, JJ.
DECISION & ORDER ON MOTION
Appeal and cross-appeal from an order of the Supreme Court, Kings County, dated November 8, 2021, which were deemed dismissed pursuant to 22 NYCRR 1250.10(a), and appeal and cross-appeal from a judgment of the same court dated January 7, 2022. Motion by the respondents-appellants to dismiss the appeal from the judgment on the ground that the dismissal of the appeal from the order for failure to timely perfect precludes review of the issues raised on the appeal from the judgment pursuant to Bray v Cox (38 N.Y.2d 350). Cross-motion by the appellant-respondent pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the appeal from the order and, upon reinstatement, to withdraw the appeal from the order.
Upon the papers filed in support of the motion and the cross-motion and the papers filed in opposition thereto, it is
ORDERED that the cross-motion is granted, the dismissal of the appeal from the order pursuant to 22 NYCRR 1250.10(a) is vacated, and the appeal from the order is deemed withdrawn; and it is further, ORDERED that the motion is denied.
MALTESE, J.P., FORD, WARHIT and VENTURA, JJ., concur.