Opinion
2022-61232 Motion 2022-00024
02-03-2022
Medina Barone, Plaintiff-Respondent, v. Michael Clopton, Defendant-Appellant. Index No. 303097/16 Nos. 2021-04727, 2021-04746
Unpublished Opinion
MOTION DECISION
PRESENT: Hon. Judith J. Gische, Justice Presiding, Cynthia S. Kern Tanya R. Kennedy Saliann Scarpulla Bahaati E. Pitt, Justices.
An appeal having been taken from an order of the Supreme Court, New York County, entered on or about October 13, 2020 (Case No. 2021-04746), and from a judgment, same Court, entered on or about March 9, 2021 (Case No. 2021-04727), And defendant-appellant having moved, pursuant to 22 NYCRR 1250.10(c), to vacate the dismissal of the appeal under Case No. 2021-04727 and, upon reinstatement, for an extension of time in which to perfect said appeal, and to consolidate the appeals, Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, It is ordered that the motion is granted to the extent of vacating the dismissal and reinstating the appeal (Case No. 2021-04727) and extending the time in which to perfect said appeal to the June 2022 Term of this Court. That branch of the motion seeking to consolidate the appeals is denied as unnecessary (see, 22 NYCRR 1250.9[f][3]).