Appellate Division: Second Judicial Department

M277582

MB/

CHERYL E. CHAMBERS, J.P.

VALERIE BRATHWAITE NELSON

LINDA CHRISTOPHER

WILLIAM G. FORD, JJ.

2020-07939 Edward Pinkesz, appellant-respondent, v Nassau Life Insurance Company, etc., respondent-appellant, Israel Hager, etc., respondent. (Index No. 516183/2019)

DECISION & ORDER ON MOTION

2020-07867

Edward Pinkesz, appellant,

v Nassau Life Insurance Company, etc.,

et al., respondents.

(Index No. 516183/2019)

Appeal and cross appeal from an order of the Supreme Court, Kings County, dated February 19, 2020, and appeal from an order of the same court, dated September 28, 2020. The appeal and cross appeal from the order dated February 19, 2020, were deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by Edward Pinkesz pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the appeal from the order dated February 19, 2020, and to extend the time to perfect that appeal. Separate motion by Edward Pinkesz to extend the time to perfect the appeal from the order dated September 28, 2020, and to consolidate the appeals.

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

ORDERED that the motion to vacate the dismissal of the appeal from the order dated February 19, 2020, and to extend the time to perfect that appeal is granted, the dismissal of the appeal pursuant to 22 NYCRR 1250.10(a) is vacated, on or before July 16, 2021, Edward Pinkesz shall serve and file the record or appendix and a brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the record or appendix and the brief and upload digital copies of the record or appendix and the brief, with proof of service thereof, through the digital portal on this Court's website; and it is further,

ORDERED that the branch of the motion which is to extend the time to perfect the appeal from the order dated September 28, 2020, is granted, and on or before July 16, 2021, Edward Pinkesz shall serve and file the record or appendix and a brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the record or appendix and the brief and upload digital copies of the record or appendix and the brief, with proof of service thereof, through the digital portal on this Court's website; and it is further,

ORDERED that the branch of the motion which is to consolidate the appeals is denied as unnecessary as the appeals may be consolidated as of right (see 22 NYCRR 1250.9[f][3]).

CHAMBERS, J.P., BRATHWAITE NELSON, CHRISTOPHER and FORD, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court