Appellate Division: Second Judicial Department

M267663

E/mb

ALAN D. SCHEINKMAN, P.J.

RUTH C. BALKIN

ROBERT J. MILLER

SYLVIA O. HINDS-RADIX, JJ.

2019-00738 Flushing Bank, etc., respondent, v Ghangir Samimi, et al., defendants, Helen Samimi, appellant. (Index No. 11238/13)

DECISION & ORDER ON MOTION

2019-10967

Flushing Bank, etc., respondent,

v Ghangir Samimi, et al., defendants,

Helen Samimi, appellant.

(Index No. 11238/13)

Motion by the appellant pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of an appeal from an order of the Supreme Court, Nassau County, entered November 28, 2018, which was deemed dismissed pursuant to 22 NYCRR 1250.10(a), to extend the time to perfect that appeal, to stay all proceedings in the above-entitled action and, in effect, the transfer of title to the subject premises, pending hearing and determination of appeals from the order entered November 28, 2018, and an order of the same court entered July 17, 2019, and to consolidate the appeals. Separate motion by the respondent to dismiss the appeal from the order entered July 17, 2019, on the ground that the dismissal of the appeal from the order entered November 28, 2018, for failure to timely perfect precludes review of the issues to be raised in connection with the appeal from the order entered July 17, 2019.

Upon the papers filed in support of the appellant's motion and the papers filed in opposition thereto, and upon the papers filed in support of the respondent's motion and no papers having been filed in opposition or in relation 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 entered November 28, 2018, to extend the time to perfect that appeal, and to stay all proceedings in the above-entitled action and, in effect, the transfer of title to the subject premises are denied; and it is further,

ORDERED that the branch of the motion which is to consolidate the appeals is denied as academic; and it is further,

ORDERED that the respondent's motion is held in abeyance and referred to the panel of Justices hearing the appeal from the order entered July 17, 2019, for determination upon the argument or submission thereof.

SCHEINKMAN, P.J., BALKIN, MILLER and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court