Appellate Division: Second Judicial Department

M268276

E/sl

MARK C. DILLON, J.P.

COLLEEN D. DUFFY

BETSY BARROS

FRANCESCA E. CONNOLLY, JJ.

2017-12871, 2018-10443, 2019-01386 David Amrusi, respondent, v Second Choice, LLC, appellant, et al., defendants. (Index No. 507535/13)

DECISION & ORDER ON MOTION

Appeals from two orders of the Supreme Court, Kings County, dated September 6, 2017, and July 9, 2018, respectively, and a judgment of the same court dated November 29, 2018. By order to show cause dated October 18, 2019, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeals from the orders on the ground that the right of direct appeal therefrom terminated upon entry of the judgment, and a motion by the appellant, inter alia, to extend the time to serve and file a reply brief was held in abeyance in the interim. Motion by the appellant to extend the time to perfect the appeal from the judgment and to consolidate the appeals.

Now, upon the order to show cause and no papers having been filed in response thereto, upon the papers filed in support of the motion, inter alia, to extend the time to serve and file a reply brief and the papers filed in opposition thereto, and upon the papers filed in support of the motion, inter alia, to consolidate the appeals and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion to dismiss the appeals from the orders is held in abeyance and referred to the panel of Justices hearing the appeals for determination upon the argument or submission thereof; and it is further,

ORDERED that the motion to extend the time to perfect the appeal from the judgment and to consolidate the appeals is granted, the record and briefs filed in connection with the appeals from the orders are deemed also to be filed in connection with the appeal from the judgment, and on or before January 2, 2020, the appellant shall serve and file a supplemental record containing the judgment and the notice of appeal from the judgment, correct the covers of the copies of the record and briefs filed with the Clerk of this Court to add Appellate Division Docket No. 2019-01386, and file replacement digital copies of the record and briefs that contain the corrected covers; and it is further,

ORDERED that the appellant's motion, inter alia, to extend the time to serve and file a reply brief is granted to the extent that the appellant's time to serve and file a reply brief is extended until January 2, 2020, the reply brief shall be served and filed on or before that date, and the motion is otherwise denied.

DILLON, J.P., DUFFY, BARROS and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court