Appellate Division: Second Judicial Department

M284579

AFA/

VALERIE BRATHWAITE NELSON, J.P.

PAUL WOOTEN

JOSEPH A. ZAYAS

LARA J. GENOVESI, JJ.

2021-04084 12049 Flatlands Ave. Corp., appellant, v Research Centre of Kabbalah, Inc., et al., respondents. (Index No. 518554/2017)

DECISION & ORDER ON MOTION

2021-08783

12049 Flatlands Ave. Corp., appellant,

v Research Centre of Kabbalah, Inc., et al.,

respondents.

(Index No. 518554/2017)

Appeals from a decision of the Supreme Court, Kings County, dated March 25, 2021, and an order and judgment (one paper) of the same court dated October 29, 2021. The appeal from the order and judgment was deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by the respondent to extend the time to serve and file a brief on the appeal from the decision. By order to show cause dated May 18, 2022, the parties were directed to show cause before this Court why the appeal from the decision should or should not be dismissed on the ground that no appeal lies a from decision, and the respondent's motion was held in abeyance in the interim. Motion by the appellant pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the appeal from the order and judgment, to extend the time to perfect the appeal from the order and judgment, and to consolidate the appeals.

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

ORDERED that the motion to dismiss the appeal from the decision is granted, and the appeal from the decision is dismissed, without costs or disbursements (see Schicchi v J.A. Green Constr. Co., 100 AD2d 509); and it is further,

ORDERED that the motion to extend the time to serve and file a respondent's brief on the appeal from the decision is denied as academic; and it is further,

ORDERED that the branch motion which is to vacate the dismissal of the appeal from the order and judgment is granted, the dismissal of the appeal from the order and judgment pursuant to 22 NYCRR 1250.10(a) is vacated, and on or before October 21, 2022, the appellant shall and serve 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 academic.

BRATHWAITE NELSON, J.P., WOOTEN, ZAYAS and GENOVESI, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court