| Hernandez v Merchant Mutual Insurance Company |
| Motion No: 2017-11209 |
| Slip Opinion No: 2020 NY Slip Op 75467(U) |
| Decided on December 2, 2020 |
| 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. |
Appellate Division: Second Judicial Department
M274346
E/sl
WILLIAM F. MASTRO, J.P.
BETSY BARROS
FRANCESCA E. CONNOLLY
PAUL WOOTEN, JJ.
|
2017-11209, 2018-03241 Mario Hernandez, respondent, v Merchant Mutual Insurance Company, appellant. (Index No. 68054/2013)
| DECISION & ORDER ON MOTION |
Appeals from an order of the Supreme Court, Westchester County, dated September 30, 2017, and a judgment of the same court entered October 26, 2017. By order to show cause dated September 2, 2020, as amended September 9, 2020, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal from the order on the ground that the appellant's appeal from the judgment was never perfected and deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by the appellant, in effect, pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the appeal from the judgment, to extend the time to perfect the appeal from the judgment, and to consolidate the appeals.
Upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the appellant's motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the appellant's motion is granted, the dismissal of the appeal from the judgment pursuant to 22 NYCRR 1250.10(a) is vacated, the time to perfect the appeal from the judgment is extended, the appeals are consolidated, on or before January 4, 2021, the parties shall submit corrected covers for the copies of the record and briefs filed with the Clerk of the Court that contain Appellate Division Docket No. 2018-03241 in addition to Appellate Division Docket No. 2017-11209, and file, via NYSCEF, digital replacement copies of the record and briefs that contain the corrected covers, on or before January 4, 2021, the appellant shall serve and file, via NYSCEF, a supplemental record containing the judgment and the notice of appeal from the judgment, and the appellant file an original and five hard copies of the supplemental record in accordance with any applicable administrative order or other order to be issued by the Court; and it is further,
ORDERED that the motion to dismiss the appeal from the order is denied.
MASTRO, J.P., BARROS, CONNOLLY and WOOTEN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court