Yeung v Yeung-Chau
Motion No: 2021-01592
Slip Opinion No: 2022 NY Slip Op 70080(U)
Decided on August 17, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M284506

AFA/

ANGELA G. IANNACCI, J.P.

DEBORAH A. DOWLING

BARRY E. WARHIT

JANICE A. TAYLOR, JJ.

2021-01592

Tsz-Yin Yeung, etc., et al., appellants,

v Lisa Yeung-Chau, et al., respondents.

(Index No. 617033/2019)

DECISION & ORDER ON MOTION

2021-05085

Tsz-Yin Yeung, etc., et al., appellants,

v Lisa Yeung-Chau, et al., respondents.

(Index No. 617033/2019)

Appeals from two orders of the Supreme Court, Nassau County, entered December 14, 2020, and June 9, 2021, respectively. Motion by the appellants to consolidate the appeals. Application by the appellants pursuant to 22 NYCRR 1250.9(b) to extend the time to perfect the appeal from the order entered December 14, 2020. By order to show cause dated January 12, 2022, the parties to the appeals were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal from the order entered December 14, 2020, on the ground that the order entered December 14, 2020, has been superseded by an order of the Supreme Court, Nassau County, dated February 9, 2021, and the appellants' motion and application were held in abeyance in the interim.

Now, upon the order to show cause and the papers filed in response thereto, upon the papers filed in support of the appellants' motion and no papers having been filed in opposition or in relation thereto, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion to dismiss the appeal from the order entered December 14, 2020, is granted, and the appeal is dismissed, without costs or disbursements; and it is further,

ORDERED that the motion to consolidate the appeals and the application to extend the time to perfect the appeal from the order entered December 14, 2020, are denied as academic; and it is further,

ORDERED that on the Court's own motion, the time for appellants to perfect the appeal from the order entered June 9, 2021, is extended and on or before October 17, 2022, the appellants shall serve and file the record or appendix and the appellants' brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the record or appendix and the appellants' brief and upload digital copies of the record or appendix and the appellants' brief, with proof of service thereof, through the digital portal on this Court's website.

IANNACCI, J.P., DOWLING, WARHIT and TAYLOR, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court