| Schneider v Hanasab |
| Motion No: 2020-05563 |
| Slip Opinion No: 2022 NY Slip Op 61109(U) |
| Decided on January 31, 2022 |
| 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
M281261
MB/
FRANCESCA E. CONNOLLY, J.P.
LINDA CHRISTOPHER
JOSEPH A. ZAYAS
LARA J. GENOVESI, JJ.
|
2020-05563 Beth Schneider, etc., et al., respondents, v Haroon Hanasab, et al., appellants. (Index No. 608726/2016)
| DECISION & ORDER ON MOTION |
2021-02971
Beth Schneider, etc., et al., respondents,
v Haroon Hanasab, et al., appellants.
(Index No. 608726/2016)
Appeals from a judgment of the Supreme Court, Nassau County, dated June 25, 2020, and an order of the same court dated March 24, 2021. The appeals from the judgment were deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by the respondents to dismiss the appeals from the order pursuant to Bray v Cox (38 NY2d 350). Separate cross motions by the appellant Haroon Hanasab and the appellant Town of Hempstead pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the appeals from the judgment, to extend the time to perfect the appeals, and to consolidate the appeals from the judgment with the appeals from the order.
Upon the papers filed in support of the motion and the cross motions and the papers filed in opposition thereto, it is
ORDERED that the motion to dismiss the appeals from the order is denied; and it is further,
ORDERED that the branches of the cross motions which are to vacate the dismissal of the appeals from the judgment and to extend the time to perfect the appeals are granted, and on or before March 2, 2022, the appellants shall serve and file the joint record or appendix and their respective briefs via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the joint record or appendix and their respective briefs and upload digital copies of the joint record or appendix and their respective briefs, with proof of service thereof, through the digital portal on this Court's website; and it is further,
ORDERED that the branches of the cross motions which are to consolidate the appeals from the order with the appeals from the judgment are denied as unnecessary as the appeals may be consolidated as of right (see 22 NYCRR 1250.9[f][3]).
CONNOLLY, J.P., CHRISTOPHER, ZAYAS and GENOVESI, JJ., concur.
ENTER:
Maria T. Fasulo
Clerk of the Court