Joel Fried v Carmen Galindo
Motion No: 2019-01496 KC
Slip Opinion No: 2021 NY Slip Op 65885(U)
Decided on April 30, 2021
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

THOMAS P. ALIOTTA, P.J.

MICHELLE WESTON

DAVID ELLIOT, JJ.

DECISION & ORDER ON MOTION

2019-01496 K C
Joel Fried, Appellant, v Carmen Galindo, Respondent, et al., Undertenants.

Motion by appellant to vacate the dismissal, and consolidate the appeal for briefing with Joel Fried, Appellant, v Isabel Lopez and Raul Lopez, Respondents, et al., Undertenants (Docket No. 2019-1606 K C) on an appeal from an order of the Civil Court of the City of New York, Kings County, entered July 31, 2019.

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

ORDERED that the motion to vacate is granted on condition that appellant perfects the appeal on or before June 30, 2021; and it is further

ORDERED that in the event appellant does not perfect the appeal by June 30, 2021, the court, on its own motion, may dismiss the appeal, or respondent may move, on three days' notice to dismiss the appeal, and may serve such application upon the appellant in person; an it is further

ORDERED that the branch of the motion seeking to consolidate the appeals is granted to the extent that appellant may serve an original and five copies of a single appellant's brief bearing both appeal numbers, and there shall be oral argument, if requested, on both appeals at the same time.

ENTER:

Paul Kenny

Chief Clerk