Opinion
2022-61140 Motion 2021-04342
02-01-2022
John B. Ellison, Plaintiff-Appellant v. Steven Seltzer, et al., Defendants-Respondents. Index No. 101918/2019 Case Nos. 2021-04418, 202100170
Unpublished Opinion
MOTION DECISION
Present - Hon. Sallie Manzanet-Daniels, Justice Presiding, Troy K. Webber Angela M. Mazzarelli Ellen Gesmer Manuel J. Mendez, Justices.
Appeals having been taken to this Court from orders of the Supreme Court, New York County, entered on or about February 24, 2021 (Case No. 2021-04418) and November 10, 2020 (Case No. 2021-00170), and the appeal from the November 10, 2020 order under Case No. 2021-00170 having been perfected, And plaintiff-appellant having moved, pro se, to: (1) vacate the dismissal of the appeal from the February 24, 2021 order under Case No. 2021-04418 and upon reinstatement, to consolidate said appeal with the appeal from the November 10, 2020 order under Case No. 2021-00170; (2) for an extension of time in which to perfect the consolidated appeals; (3) for leave to perfect the consolidated appeals upon the same brief and appendix previously filed under Case No. 2021-00170; and (4) to deem the notice of appeal for Case No. 2021-4418 as timely served and filed, nunc pro tunc, 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: (1) vacating the dismissal of plaintiffs appeal from the February 24, 2021 order under Case No. 2021-04418 and reinstating same; (2) extending the time in which to perfect the reinstated appeal under Case No. 2021-04418 to the May 2022 Term of this Court, to which Term the perfected appeal from the November 10, 2020 order under Case No. 2021-00170 is adjourned; (3) extending the civil poor person privileges granted to plaintiff-appellant with respect to the appeal from the November 10, 2020 order under Case No. 2021-00170 (M-2021-00129, entered February 25, 2021) to include the appeal from the February 24, 2021 order under Case No. 2021-04418, and; (4) permitting plaintiff to perfect the appeals under Case Nos. 2021-00170 and 2021-04418 as a consolidated matter upon the brief and appendix plaintiff previously filed and served under Case No. 2021-00170.