Appellate Division: Second Judicial Department

M285167

MB/

FRANCESCA E. CONNOLLY, J.P.

LINDA CHRISTOPHER

PAUL WOOTEN

LILLIAN WAN, JJ.

2021-06979 In the Matter of Nelson, L.P., respondent, v Joseph N. Jannace, etc., appellant. (Index No. 600398/2021)

DECISION & ORDER ON MOTION

2022-01502

In the Matter of Nelson, L.P., respondent,

v Joseph N. Jannace, etc., appellant.

(Index No. 600398/2021)

Appeals from an order of the Supreme Court, Nassau County, entered August 25, 2021, and an order of the same court dated January 20, 2022. The appeal from the order entered August 25, 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 August 25, 2021, to extend the time to perfect the appeal from that order, and to consolidate the appeals.

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

ORDERED that the branches of the motion which are to vacate the dismissal of the appeal from the order entered August 25, 2021, and to extend the time to perfect that appeal are granted, the dismissal of the appeal from the order entered August 25, 2021, pursuant to 22 NYCRR 1250.10(a) is vacated, and on or before October 28, 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]).

CONNOLLY, J.P., CHRISTOPHER, WOOTEN and WAN, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court