Appellate Division: Second Judicial Department

M262310

E/afa

MARK C. DILLON, J.P.

CHERYL E. CHAMBERS

SYLVIA O. HINDS-RADIX

VALERIE BRATHWAITE NELSON, JJ.

2016-04008, 2016-04014 Margaret Ramsey, appellant, v Temco Service Industries, Inc., respondent. (Index No. 645/13)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, to recall and vacate so much of a decision and order on motion of this Court entitled "in the Matter of the Dismissal of Causes for Failure to Perfect", dated July 5, 2017, as dismissed an appeal from a judgment of the Supreme Court, Kings County, entered March 22, 2016, pursuant to 22 NYCRR 670.8(e) for failure to timely perfect, to consolidate that appeal with an appeal from an order of the same court dated March 2, 2016, and to deem the record and briefs filed in connection with the appeal from the order also to be filed in connection with the appeal from 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 to the extent that so much of the decision and order on motion of this Court dated July 5, 2017, as dismissed the appeal from the judgment is recalled and vacated, the appeals are consolidated, the record and briefs filed in connection with the appeal from the order also are deemed to be filed in connection with the appeal from the judgment, on condition that on or before May 20, 2019, the appellant serves and files a supplemental record containing the judgment and the notice of appeal from the judgment, and corrects the covers of the record and briefs to reflect the inclusion of the appeal from the judgment, and the motion is otherwise denied.

DILLON, J.P., CHAMBERS, HINDS-RADIX and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court