Appellate Division: Second Judicial Department

M274896

E/sl

MARK C. DILLON, J.P.

ROBERT J. MILLER

COLLEEN D. DUFFY

PAUL WOOTEN, JJ.

2019-07621, 2019-08679 Rachel Rosa Nieves, appellant, v Albert S. Leung, respondent. (Index No. 709128/2014)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Queens County, entered May 29, 2019, and appeal from a judgment of the Supreme Court, Queens County, entered July 8, 2019, which was deemed dismissed pursuant to 22 NYCRR 1250.10(a). By order to show cause dated November 2, 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. Motion by the appellant pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the appeal from the judgment, in effect, to consolidate the appeals, to deem the record and briefs filed in connection with the appeal from the order to be filed in connection with the appeal from the judgment, and for leave to serve and file a supplemental record containing the judgment and the notice of appeal from the judgment.

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 the papers filed in opposition 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 appeals are consolidated, the record and briefs filed in connection with the appeal from the order are deemed also to be filed in connection with the appeal from the judgment, on or before February 5, 2021, the parties shall submit covers for copies of the record and briefs filed with the Clerk of this Court that contain Appellate Division Docket No. 2019-08679, in addition to Appellate Division Docket No. 2019-07621, file replacement copies of record and briefs via NYSCEF that contain the corrected covers, on or before February 5, 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 shall 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 is denied.

DILLON, J.P., MILLER, DUFFY and WOOTEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court