Appellate Division: Second Judicial Department

M283912

MB/

FRANCESCA E. CONNOLLY, J.P.

ANGELA G. IANNACCI

CHERYL E. CHAMBERS

WILLIAM G. FORD, JJ.

2019-13366 Frank Artale, plaintiff-respondent, v Charlene Leonardi, appellant, Thomas Leonardi, etc., defendant-respondent, et al., defendants (and a third-party action). (Index No. 15714/2012)

DECISION & ORDER ON MOTION

2021-04109

Frank Artale, plaintiff-respondent,

v Charlene Leonardi, appellant,

Thomas Leonardi, etc., defendant-respondent,

et al., defendants (and a third-party action).

(Index No. 15714/2012)

Appeals from a decision of the Supreme Court, Kings County, dated August 28, 2019, and a judgment of the same court dated December 1, 2020. The appeal from the decision was deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by the plaintiff-respondent to dismiss the appeal from the judgment pursuant to Bray v Cox (38 NY2d 350). Cross motion by the appellant pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the appeal from the decision and to consolidate the appeals.

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

ORDERED that the motion is denied; and it is further,

ORDERED that the cross motion is denied; and it is further,

ORDERED that on the Court's own motion, the appellant's time to perfect the appeal from the judgment is extended, and on or before August 5, 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.

CONNOLLY, J.P., IANNACCI, CHAMBERS and FORD, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court