Fac Preserv. Hdfc v Delio Moreno
Motion No: 2018-02197 KC
Slip Opinion No: 2020 NY Slip Op 64324(U)
Decided on February 24, 2020
Appellate Term, 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.


Appellate Term of the Supreme Court

of the State of New York for the 2nd, 11th & 13th Judicial Districts

MICHELLE WESTON, J.P.

THOMAS P. ALIOTTA

BERNICE D. SIEGAL, JJ.

DECISION & ORDER ON MOTION

2020-88 K C
2018-2197 K C
FAC Preservation HDFC, Respondent, v Delio Moreno, Appellant.

Motion by appellant to enlarge the time to perfect an appeal from an order of the Civil Court of the City of New York, Kings County, entered August 31, 2018 (appeal No. 2018-2197 K C), and to consolidate that appeal with an appeal from an order of that court entered December 31, 2018 (appeal No. 2020-88 K C). Cross motion by respondent to dismiss the appeal from the order entered August 31, 2018 for failure to perfect.

Upon the papers filed in support of the motion and cross motion and no papers having been filed in opposition thereto, it is

ORDERED, on the court's own motion, that the appeal from the order entered August 31, 2018 (appeal No. 2018-2197 K C) is dismissed, as that order was superseded by the order entered December 31, 2018, made upon reargument; and it is further,

ORDERED that appellant's motion is denied as academic; and it is further,

ORDERED that the cross motion is denied.

ENTER:

Paul Kenny

Chief Clerk