Appellate Division: Second Judicial Department

M281706

MB/

BETSY BARROS, J.P.

REINALDO E. RIVERA

ROBERT J. MILLER

DEBORAH A. DOWLING, JJ.

2021-01609 MD Shahidul Islam Jewel, appellant, v Vanessa Jimenez, et al., defendants, Jorge Herrera-Negrete, et al., respondents. (Index No. 703473/2018)

DECISION & ORDER ON MOTION

2021-04809

MD Shahidul Islam Jewel, appellant,

v Vanessa Jimenez, et al., defendants,

Umar Hassan, et al., respondents.

(Index No. 703473/2018)

Appeals from an order of the Supreme Court, Queens County, entered February 22, 2021, and an order of the same Court dated June 24, 2021. The appeal from the order entered February 22, 2021, 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 entered February 22, 2021, to extend the time to perfect that appeal, and to consolidate the appeals. Application by the appellant to extend the time to perfect the appeal from the order dated June 24, 2021.

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 application and no papers having been filed in opposition or relation thereto, it is

ORDERED that the branch of the motion which is to vacate the dismissal of the appeal from the order entered February 22, 2021 is granted, and the dismissal of that appeal pursuant to 22 NYCRR 1250.10(a) is vacated; and it is further,

ORDERED that the branch of the motion which is to extend the time to perfect the appeal from the order entered February 22, 2021, and the application to extend the time to perfect the appeal from the order dated June 24, 2021, are granted and on or before April 1, 2022, 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]).

BARROS, J.P., RIVERA, MILLER and DOWLING, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court