Appellate Division: Second Judicial Department

M265134

E/sl

CHERYL E. CHAMBERS, J.P.

SYLVIA O. HINDS-RADIX

FRANCESCA E. CONNOLLY

VALERIE BRATHWAITE NELSON, JJ.

2017-01503 Joglo Realities, Inc., et al., respondents, v Merilyn Tortorella, et al., appellants. (Index No. 20503/13)

DECISION & ORDER ON MOTION

2018-12895

Joglo Realities, Inc., et al., respondents,

v Merilyn Tortorella, et al., appellants.

(Index No. 20503/13)

Motion by the appellants pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of an appeal from an order of the Supreme Court, Kings County, dated September 5, 2018, which was deemed dismissed pursuant to 22 NYCRR 1250.10(a), to extend the time to perfect that appeal, and to calendar that appeal together with an appeal from an order of the same court dated January 18, 2017.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the branches of the motion which are pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the appeal from the order dated September 5, 2018, and to extend the time to perfect that appeal are granted, the dismissal of the appeal from the order dated September 5, 2018, is vacated, and the appellant's time to perfect the appeal from the order dated September 5, 2018, is extended until September 12, 2019; and it is further,

ORDERED that no further extension of time shall be granted; and it is further,

ORDERED that the branch of the motion which is to calendar the appeals together is denied as unnecessary in light of the decision and order on motion of this Court dated January 22, 2019.

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

ENTER:

Aprilanne Agostino

Clerk of the Court