Tamarakar v Macerich Queens Limited Partnership
Motion No: 2018-12765
Slip Opinion No: 2019 NY Slip Op 83817(U)
Decided on November 7, 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

M267287

E/sl

REINALDO E. RIVERA, J.P.

LEONARD B. AUSTIN

ROBERT J. MILLER

COLLEEN D. DUFFY, JJ.

2018-12765

Srijana Tamarakar, appellant,

v Macerich Queens Limited Partnership,

et al., respondents.

(Index No. 700150/18)

DECISION & ORDER ON MOTION

2019-08943

Srijana Tamarakar, appellant,

v Macerich Queens Limited Partnership,

et al., defendants.

(Index No. 703536/19)

Motion by the appellant to consolidate appeals from two orders of the Supreme Court, Queens County, dated September 21, 2018, and June 17, 2019, respectively, and to extend the time to perfect the appeals.

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

ORDERED that on the Court's own motion, the appeal from the order dated September 21, 2018, is dismissed, without costs or disbursements, on the ground that no appeal lies from an order entered upon the default of the appealing party (see CPLR 5511); and it is further,

ORDERED that the branches of the motion which are to consolidate the appeals and to extend the time to perfect the appeal from the order dated September 21, 2018, are denied as academic; and it is further,

ORDERED that the branch of the motion which is to extend the time to perfect the appeal from the order dated June 17, 2019, is denied as premature.

RIVERA, J.P., AUSTIN, MILLER and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court