Opinion
Motion Nos. 2023-00434 WC 2022-611 W C
07-27-2023
Main Street Lofts Yonkers, LLC, Respondent, v. Chiurmbidzo Mabuwa, Appellant.
Unpublished Opinion
MOTION DECISION
JERRY GARGUILO, P.J., ELIZABETH H. EMERSON, TIMOTHY S. DRISCOLL, JJ.
DECISION & ORDER ON MOTION
Motion by appellant for an extension of time to perfect an appeal from a judgment of the City Court of Yonkers, Westchester County, entered August 18, 2022; to consolidate the appeal under docket number 2023-434 W C with the appeal under docket number 2022-611 W C; and to compel the City Court to transmit "missing" documents to the Appellate Term.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED that the branch of the motion seeking an extension of time to perfect the appeal is granted, and the appeal shall be perfected on or before October 27, 2023; and it is further, ORDERED that in the event the appeal is not perfected by October 27, 2023, the court, on its own motion, may dismiss the appeal, or respondent may move, on three days' notice, to dismiss the appeal, and may serve such application upon appellant in person; and it is further, ORDERED that the branch of the motion seeking to consolidate the appeals is granted to the extent that the appellant may perfect the appeals with a single brief, bearing both docket numbers and there shall be oral argument, if requested, on both appeals at the same time; and it is further, ORDERED that the branch of the motion to compel the City Court to transmit "missing" documents to the Appellate Term is denied with leave to renew before the City Court identifying the specific documents claimed to be missing.