| Burger v Village of Sloatsburg |
| Motion No: 2019-08871 |
| Slip Opinion No: 2021 NY Slip Op 63029(U) |
| Decided on March 15, 2021 |
| 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
M276079
E/sl
MARK C. DILLON, J.P.
LEONARD B. AUSTIN
BETSY BARROS
PAUL WOOTEN, JJ.
|
2019-08871 Joseph P. Burger, et al., appellants, v Village of Sloatsburg, etc., respondent. (Index No. 30645/2015)
| DECISION & ORDER ON MOTION |
2020-00544
Joseph P. Burger, et al., appellants,
v Village of Sloatsburg, etc., respondent.
(Index No. 30645/2015)
2020-05680
Joseph P. Burger, et al., appellants,
v Village of Sloatsburg, etc., respondent.
(Index No. 30645/2015)
Appeals from two orders of the Supreme Court, Rockland County, dated June 28, 2019, and January 7, 2020, respectively, which were deemed dismissed pursuant to 22 NYCRR 1250.10(a), and a judgment of the same court dated June 29, 2020. Motion by the appellants pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the appeals from the orders, to consolidate the appeals from the orders with the appeal from the judgment, and, in effect, to extend the time to perfect the appeals.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the appeals from the orders is granted and the dismissal of the appeals from the orders is vacated; and it is further,
ORDERED that on the Court's own motion, the appeals from the orders are dismissed, without costs or disbursements, on the ground that the right of direct appeal from the orders terminated upon entry in the above-entitled action of the judgment; and it is further,
ORDERED that the branch of the motion which is, in effect, to extend the time to perfect the appeal from the judgment is granted, the appellants' time to perfect the appeal from the judgment is extended, and on or before April 14, 2021, the appellants shall serve and file the record or appendix and the appellants' brief via NYSCEF, and the appellants shall file an original and five hard copies of the record or appendix and the appellants' brief in accordance with any applicable administrative order or other order to be issued by the Court; and it is further,
ORDERED that the motion is otherwise denied as academic.
DILLON, J.P., AUSTIN, BARROS and WOOTEN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court