Joda Capital, LLC v Desire
Motion No: 2017-04948
Slip Opinion No: 2019 NY Slip Op 64491(U)
Decided on March 4, 2019
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M260623

E/mm

LEONARD B. AUSTIN, J.P.

JEFFREY A. COHEN

VALERIE BRATHWAITE NELSON

ANGELA G. IANNACCI, JJ.

2017-04948, 2018-05672, 2018-05675

Joda Capital, LLC, respondent, v Roger

Desire, et al., appellants, et al., defendant.

(Index No. 712156/15)

DECISION & ORDER ON MOTION

Motion by the appellants to extend the time to perfect appeals from an order of the Supreme Court, Queens County, entered April 6, 2018 and a judgment of the same court entered April 9, 2018, in effect, to consolidate those appeals with an appeal from an order of the same court dated March 31, 2017, to deem the record and briefs filed in connection with the appeal from the order dated March 31, 2017, to also be filed in connection with the appeal from the order entered April 6, 2018 and the judgment.

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 record and briefs filed in connection with the appeal from the order dated March 31, 2017, are deemed to also be filed in connection with the appeals from the order entered April 6, 2018 and the judgment, the appeals from the order entered April 6, 2018 and the judgment, are deemed timely perfected, and on or before March 26, 2019, (1) the appellants shall correct the covers of the record, the appellant's brief, and the reply brief filed in connection with the appeal from the order dated March 31, 2017, to add Appellate Division Docket Nos. 2018-05672 and 2018-05675, and serve and file a supplemental record containing the order entered April 6, 2018 and the judgment, and the notice of appeal for the order entered April 6, 2018 and the judgment, and (2) the respondent shall correct the cover of its brief filed in connection with the appeal from the order dated March 31, 2017, to add Appellate Division Docket Nos. 2018-05672 and 2018-05675.

AUSTIN, J.P., COHEN, BRATHWAITE NELSON and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court