Opinion
Motion Nos. 2022-00656 KC 2022-00724 KC
02-08-2023
4720 Avenue, Inc., Respondent, v. Cianni Smith, Appellant, John Doe, Undertenant.
Unpublished Opinion
MOTION DECISION
CHEREÉ A. BUGGS, J.P. LISA S. OTTLEY, LOURDES M. VENTURA, JJ.
DECISION & ORDER ON MOTION
Motion by appellant to vacate an order of this court dated January 23, 2023, which dismissed an appeal from an order of the Civil Court of New York, Kings County, dated December 2, 2021 (appeal No. 2022-724 K C), and to consolidate that appeal with an appeal from an order of that court dated March 3, 2022 (appeal No. 2022-656 K C). Motion by respondent to dismiss appeal No. 2022-656 K C, or in the alternative, to extend its time to file a respondent's brief.
Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is
ORDERED, on the court's own motion, that the motions are consolidated for purposes of disposition; and it is further, ORDERED that the branch of appellant's motion seeking to vacate this court's January 23, 2023 order dismissing appeal No. 2022-724 K C is granted; and it is further, ORDERED that the branch of appellant's motion seeking to consolidate the two above-captioned appeals is granted to the extent that the reproduced record on appeal and the appellant's brief filed by appellant under appeal No. 2022-656 K C are also deemed timely filed under appeal No. 2022-724 K C, and there shall be oral argument on both appeals at the same time; and it is further, ORDERED that the branch of respondent's motion seeking an enlargement of time to serve and file a respondent's brief is granted, and the respondent's brief shall be served and filed within 21 days of the date of this decision and order; and it is further, ORDERED that the branch of respondent's motion seeking to dismiss appeal No. 2022-656 K C is denied.