Opinion
2020-08634 2021-03781 Index 527089/2019
12-08-2021
In the Matter of Metropolitan Group Property & Casualty Co., etc., petitioner-respondent, v. Tiffany Newkirk, et al., respondents-respondents, Embark General Insurance Adjusters, LLC, etc., appellant.
M280431 AFA/
SYLVIA O. HINDS-RADIX, J.P. COLLEEN D. DUFFY FRANCESCA E. CONNOLLY LARA J. GENOVESI, JJ.
DECISION & ORDER ON MOTION
Appeal from an order of the Supreme Court, Kings County, dated September 29, 2020, which was deemed dismissed pursuant to 22 NYCRR 1250.10(a), and appeal from an order of the same court dated April 29, 2021. Motion by the appellant pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the appeal from the order dated September 29, 2020, and, in effect, to consolidate the appeals.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted, the dismissal of the appeal from the order dated September 29, 2020, pursuant to 22 NYCRR 1250.10(a) is vacated, the appeals are consolidated, the record and briefs filed in connection with the appeal from the order dated April 29, 2021, are deemed also to be filed in connection with the appeal from the order dated September 29, 2020, on or before January 10, 2022, the appellant shall file, via NYSCEF, digital replacement copies of the record and brief which contain Appellate Division Docket No. 2020-08634 in addition to Appellate Division Docket No. 2021-03781, and on or before January 10, 2022, the appellant shall serve and file, via NYSCEF, a supplemental record containing the order dated September 29, 2020, and the notice of appeal from that order; and it is further,
ORDERED that on the Court's own motion, the time of the petitioner-respondent and respondents-respondents to serve and file their respective briefs is extended, and on or before February 9, 2022, the petitioner-respondent and respondents-respondents shall serve and file their respective briefs via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the briefs and upload a digital copy of the briefs, with proof of service thereof, through the digital portal on this Court's website.
HINDS-RADIX, J.P., DUFFY, CONNOLLY and GENOVESI, JJ., concur.