Appellate Division: Second Judicial Department

M278242

E/sl

LEONARD B. AUSTIN, J.P.

COLLEEN D. DUFFY

BETSY BARROS

JOSEPH A. ZAYAS, JJ.

2020-06870, 2020-07971 Rebecca D. Scala, appellant, v Samuel Enrique Ochoa Benitez, et al., respondents. (Index No. 609606/2018)

DECISION & ORDER ON MOTION

Appeals from an order of the Supreme Court, Nassau County, dated August 31, 2020, and a judgment of the same court dated October 6, 2020. The appeal from the judgment 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 judgment, in effect, to consolidate the appeals, and for leave to serve and file a supplemental record containing the judgment and the notice of appeal from the judgment.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is granted, the dismissal of the appeal from the judgment pursuant to 22 NYCRR 1250.10(a) is vacated, the appeals are consolidated, the record and briefs filed in connection with the appeal from the order are deemed to also be filed in connection with the appeal from the judgment, on or before August 18, 2021, the appellant shall file, via NYSCEF, a replacement record and a replacement appellant's brief that contains Appellate Division Docket No. 2020-07971 in addition to Appellate Division Docket No. 2020-06870 and a supplemental record containing the judgment and the notice of appeal from the judgment; and it is further,

ORDERED that on the Court's own motion, the respondents' time to serve and file a brief is extended, and on or before September 17, 2021, the respondents shall serve and file the respondents' brief via NYSCEF.

AUSTIN, J.P., DUFFY, BARROS and ZAYAS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court