Sealey v Payback Repo
Motion No: 2020-09343
Slip Opinion No: 2021 NY Slip Op 69793(U)
Decided on August 2, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M278484

E/sl

SYLVIA O. HINDS-RADIX, J.P.

FRANCESCA E. CONNOLLY

LARA J. GENOVESI

WILLIAM G. FORD, JJ.

2020-09343

Jalah Sealey, appellant,

v Payback Repo, respondent,

et al., defendants.

(Index No. 719790/2019)

DECISION & ORDER ON MOTION

2021-04396

Jalah Sealey, appellant,

v Payback Repo, et al., respondents.

(Index No. 719790/2019)

Appeals from two orders of the Supreme Court, Queens County, entered December 4, 2020, and May 25, 2021, respectively. Motion by the appellant to stay all proceedings in the above-entitled action, pending hearing and determination of the appeals, to extend the time to perfect the appeal from the order entered December 4, 2020, in effect, for leave to prosecute the appeals on the original record, and to consolidate the appeals.

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

ORDERED that the branch of the motion which is to extend the time to perfect the appeal from the order entered December 4, 2020, is granted, and on or before October 1, 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 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 motion is otherwise denied.

HINDS-RADIX, J.P., CONNOLLY, GENOVESI and FORD, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court