Appellate Division: Second Judicial Department

M277755

MB/

CHERYL E. CHAMBERS, J.P.

ROBERT J. MILLER

BETSY BARROS

ANGELA G. IANNACCI, JJ.

2020-04995 Samuel Weekes, appellant, v Tishman Technologies Corporation, et al., respond et al., defendants. (Index No. 521701/2016)

DECISION & ORDER ON MOTION ents,

2020-09349

Samuel Weekes, appellant,

v Tishman Technologies Corporation, et al., respondents,

et al., defendants.

(Index No. 521701/2016)

Appeals from two orders of the Supreme Court, Kings County, dated May 22, 2020, and November 4, 2020, respectively. The appeal from the order dated May 22, 2020, was deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by the appellant pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the appeal from the order dated May 22, 2020, to consolidate the appeals, and to extend the time to perfect the appeals.

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

ORDERED that the branch of the motion which is to vacate the dismissal of the appeal from the order dated May 22, 2020, pursuant to 22 NYCRR 1250.10(a) is granted, the dismissal of the appeal from the order dated May 22, 2020, pursuant to 22 NYCRR 1250.10(a) is vacated, and on or before August 5, 2021, the appellant shall serve and file the record or appendix and the appellant's brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the record or appendix and the appellant's brief and upload digital copies of the record or appendix and the appellant's brief, with proof of service thereof, through the digital portal on this Court's website; and it is further,

ORDERED that no further extension of time shall be granted; 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., MILLER, BARROS and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court