| Chen & Lin 7173 Realty, LLC v City of New York |
| Motion No: 2020-04291 |
| Slip Opinion No: 2021 NY Slip Op 68031(U) |
| Decided on June 23, 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
M277776
MB/
WILLIAM F. MASTRO, J.P.
ROBERT J. MILLER
BETSY BARROS
LINDA CHRISTOPHER, JJ.
|
2020-04291 Chen & Lin 7173 Realty, LLC, appellant, v City of New York, et al., defendants, Fidelity National Title Insurance Company, respondent. (Index No. 520686/2017)
| DECISION & ORDER ON MOTION |
2020-07942
Chen & Lin 7173 Realty, LLC, appellant,
v City of New York, et al., defendants,
Raymond Nickolson, etc., respondent.
(Index No. 520686/2017)
Appeal from an order of the Supreme Court, Kings County, dated March 10, 2020, and an appeal from an order of the same court, dated October 1, 2020, which 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 October 1, 2020, to consolidate the appeals and to extend the time to perfect the appeals. Cross motion by Raymond Nickolson for a preference in the calendaring of the appeals.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the papers filed in support of the cross motion and no papers filed in opposition or in relation thereto, it is
ORDERED that the branches of the motion which are to vacate the dismissal of the appeal from the order dated October 1, 2020, and to extend the time to perfect the appeals are granted, the dismissal of the appeal from the order dated October 1, 2020, pursuant to 22 NYCRR 1250.10(a) is vacated, and on or before August 9, 2021, the appellant shall serve and file the record or appendix on the appeals and a brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the record or appendix on the appeals 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 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]); and it is further,
ORDERED that the cross motion is granted and the appeals will be calendared after all of the briefs have been filed.
MASTRO, J.P., MILLER, BARROS and CHRISTOPHER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court