| Onorato v Bruck |
| Motion No: 2020-03982 |
| Slip Opinion No: 2022 NY Slip Op 71103(U) |
| Decided on September 2, 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. |
Appellate Division: Second Judicial Department
M284771
AFA/
ROBERT J. MILLER, J.P.
LINDA CHRISTOPHER
JOSEPH A. ZAYAS
HELEN VOUTSINAS, JJ.
|
2020-03982, 2020-05644 Joseph Onorato, etc., respondent, v Michael C. Bruck, et al., appellants. (Index No. 615650/2018)
| DECISION & ORDER ON MOTION |
Appeals from an order of the Supreme Court, Nassau County, dated May 1, 2020, and a judgment of the same court entered June 26, 2020. The appeal from the judgment was deemed dismissed pursuant to 22 NYCRR 1250.10(a). By order to show cause dated June 29, 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 on the ground that the right of direct appeal from the order terminated upon entry in the above-entitled action of the judgment. Motion by the appellants, in effect, pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the appeal from the judgment and to consolidate the appeals.
Upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the appellants' motion and the papers filed in opposition thereto, it is
ORDERED that the appellants' motion is granted, the dismissal of the appeal from the judgment is vacated, the appeals are consolidated, the record and briefs filed in connection with the appeal from the order are deemed also to be filed in connection with the appeal from the judgment, on or before October 3, 2022, the parties shall upload replacement digital copies of the record and briefs which contain Appellate Division Docket No. 2020-05644 in addition to Appellate Division Docket No. 2020-03982 on the covers via NYSCEF, and on or before October 3, 2022, the appellants shall serve a supplemental record which contains the judgment and the notice of appeal from the judgment via NYSCEF; and it is further,
ORDERED that the motion to dismiss the appeal from the order is held in abeyance and referred to the panel of Justices hearing the appeals for determination upon the argument or submission thereof.
MILLER, J.P., CHRISTOPHER, ZAYAS and VOUTSINAS, JJ., concur.
ENTER:
Maria T. Fasulo
Clerk of the Court