Appellate Division: Second Judicial Department

M275224

MB/

SYLVIA O. HINDS-RADIX, J.P.

ROBERT J. MILLER

HECTOR D. LASALLE

ANGELA G. IANNACCI, JJ.

2019-09381, 2019-09382 Selene Finance L.P., respondent, v Stanley Chrone, et al., appellants, et al., defendants. (Index No. 35145/2018)

DECISION & ORDER ON MOTION

2019-13351

Selene Finance L.P., respondent,

v Stanley Chrone, et al., appellants,

et al., defendants.

(Index No. 35145/2018)

On the Court's own motion, it is

ORDERED that the decision and order on motion of this Court dated January 13, 2021, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:

Appeals from two orders of the Supreme Court, Rockland County, both dated July 1, 2019, which were deemed dismissed pursuant to 22 NYCRR 1250.10(a), and appeal from an order and judgment (one paper) of the same court October 16, 2019. Motion by the respondent to dismiss the appeal from the order and judgment on the ground that dismissal of the appeals from the orders for failure to timely perfect precludes review of the issues raised on the appeal from the order and judgment pursuant to Bray v Cox (38 NY2d 350), or, in the alternative, for an extension of time to serve and file a brief. Cross motion by the appellant, in effect, pursuant to 22 NYCRR 1250(c) to vacate the dismissal of the appeals from the orders and for leave to withdraw the appeals from the orders.

Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, it is

ORDERED that the cross motion is granted, the dismissal of the appeals from the orders pursuant to 22 NYCRR 1250.10(a) is vacated, and the appeals from the orders are deemed withdrawn; and it is further,

ORDERED that the branch of the motion which is to dismiss the appeal from the order and judgment is denied; and it is further,

ORDERED that the branch of the motion which is to extend the time to serve and file a brief is granted, the respondent's time to serve and file a brief is extended, and on or before February 26, 2021, the respondent shall serve the respondent's brief and upload a digital copy of the respondent's brief, with proof of service thereof, through the digital portal on this Court's website, and file an original and five hard copies of the respondent's brief in accordance with any applicable administrative order or other order to be issued by the Court.

HINDS-RADIX, J.P., MILLER, LASALLE and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court