Opinion
Motion No. 2023-04158 Index No. 154332/22 Nos. 2022-05007 2022-05766
10-31-2023
In the Matter of the Application of Wilfredo A. Vargas, Petitioner-Appellant, v. The Department of Education of the City of New York and the Board of Education of the City School District of the City of New York, Respondents-Respondents. For a Judgment Pursuant to Article 78 of the Civil Practice Law and Rules,
Unpublished Opinion
MOTION DECISION
Present - Hon. Troy K. Webber, Justice Presiding, Anil C. Singh Lizbeth González Martin Shulman Julio Rodriguez III, Justices.
Appeals having been taken to this Court from an order of the Supreme Court, New York County, entered on or about September 30, 2022 (Case No. 2022-05007) and from an order, same court, entered on or about December 20, 2022 (Case No. 2022-05766), and petitioner-appellant having sought to perfect both appeals upon a single record and brief, And petitioner-appellant having moved to consolidate the appeals, or, in the alternative, for an extension of time in which to perfect the appeal under Case No. 2022-05766, 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 directing petitioner-appellant to immediately file a supplemental record on appeal that includes the notice of appeal and order on appeal for Case No. 2022-05007; the branch of the motion which seeks consolidation is denied as unnecessary as the appeals may be consolidated as of right (See, 22 NYCRR 1250.9[f][3]).