Supreme Court of the State of New York, Appellate Division : Second Judicial Department

May 6, 2026

2022-04427, 58226/2019, 2022-05704

Lara J. Genovesi, J.P.

Cheryl E. Chambers

Valerie Brathwaite Nelson

Lourdes M. Ventura, JJ.

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DECISION & ORDER ON MOTION

Appeals from an order of the Supreme Court, Westchester County, dated May 4, 2022, and from a judgment of the same court dated June 1, 2022. The appeal from the order 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 and to consolidate the appeals.

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; and it is further,

ORDERED that the dismissal of the appeal from the order pursuant to 22 NYCRR 1250.10(a) is vacated; and it is further,

ORDERED the appeals are consolidated, the record and briefs filed in connection with the appeal from the judgment are deemed also to be filed in connection with the appeal from the order, and on or before June 5, 2026, the parties shall serve and file, via NYSCEF, replacement briefs which contain Appellate Division Docket No. 2022-04427 in addition to Appellate Division Docket No. 2022-05704 on the covers, and the appellant shall serve and file, via NYSCEF, a replacement record which contains the order and the notice of appeal from the order and Appellate Division Docket No. 2022-04427 in addition to Appellate Division Docket No. 2022-05704 on the cover.

GENOVESI, J.P., CHAMBERS, BRATHWAITE NELSON, and VENTURA, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court