Opinion
Motion No: M-7112
10-10-2019
Anthony Newell, Plaintiff-Appellant, v. Tina D. Bronston, Defendant-Respondent-Appellant, Jose A. Javier, Defendant-Respondent.
An appeal having been taken to this Court by plaintiff-appellant from an order of the Supreme Court, Bronx County, entered on or about June 7, 2018, which granted the motion of defendant Bronston and the cross motion of defendant Javier for summary judgment, and said appeal having been perfected, And an appeal having been taken to this Court by defendant-respondent Bronston from the aforesaid order of the Supreme Court, Bronx County, entered on or about June 7, 2018, insofar as it granted defendant Javier's motion for summary judgment, And defendant-respondent Bronston having moved for an order: (1) vacating the dismissal of her appeal from the aforesaid order, and upon vacatur, for an extension of time to perfect same; (2) permitting her to perfect her appeal as a concurrent appellant with the appeal filed by plaintiff; (3) permitting her to correct the caption utilized by plaintiff in his Record and Brief to, inter alia, designate her as an appellant and to file a supplemental record to include her notice of appeal and an additional deposition transcript; and (4) adjourning plaintiff's perfected appeal to be heard concurrently with her appeal, 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 that the dismissal of defendant-respondent Bronston's appeal is vacated, the appeal reinstated, and the time to perfect said appeal is enlarged to the February 2020 Term, to which term plaintiff's appeal is adjourned. The concurrent appeals are consolidated, and defendant Bronston is permitted to file a supplemental record for the February 2020 Term which may include the deposition transcript omitted from the record filed by plaintiff, and It is further ordered that that branch of the motion seeking to correct the case caption is granted to the extent of designating defendant Bronston as an appellant and correctly identifying her as Tina D. Bronston in place of "Tina D. Robinson."
ENTERED: October 10, 2019
__________ CLERK
Present - Hon. Judith J. Gische, Justice Presiding, Barbara R. Kapnick Ellen Gesmer Peter H. Moulton,Justices
M-7112
Index No. 302650/15