Appellate Division: Second Judicial Department

M285435

AFA/

BETSY BARROS, J.P.

CHERYL E. CHAMBERS

DEBORAH A. DOWLING

LILLIAN WAN, JJ.

2021-05254 Juan Umana, plaintiff-respondent, v Tower East Condominium, et al., respondents-appellants, Fairfield Properties, LLC, et al., defendants-responde Rosenwach Tank Co., LLC, et al., appellants-respond (and a third-party action). (Index No. 712270/2018)

DECISION & ORDER ON MOTION nts, ents

2021-05257

Juan Umana, plaintiff-respondent, v Tower East

Condominium, et al., respondents-appellants,

Fairfield Property Services, L.P., et al., defendants-respondents,

Rosenwach Tank Co., LLC, et al., appellants-respondents

(and a third-party action).

(Index No. 712270/2018)

2021-05355

Juan Umana, plaintiff-respondent, v Tower East

Condominium, et al., appellants, Fairfield

Properties, LLC, et al., defendants-respondents

(and a third-party action).

(Index No. 712270/2018)

Appeals and cross appeals from two orders of the Supreme Court, Queens County, both dated July 2, 2021, and appeal from an order of the same court dated July 2, 2021, which were deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by Tower East Condominium, Board of Managers of Tower East Condominium, Osmar Kusumo, Tower East Condominium, Inc., and Fairfield Property Services, L.P., pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of their appeal and cross appeals.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is granted, the dismissals of the cross appeals under Appellate Division Docket Nos. 2021-05254 and 2021-05257 and the appeal under Appellate Division Docket No. 2021-05355 pursuant to 22 NYCRR 1250.10(a) are vacated, and the cross appeal by Tower East Condominium, Board of Managers of Tower East Condominium, Osmar Kusumo, Tower East Condominium, Inc., and Fairfield Property Services, L.P., under Appellate Division Docket No. 2021-05254 and the cross appeal by Tower East Condominium, Board of Managers of Tower East Condominium, Osmar Kusumo, and Tower East Condominium, Inc., under Appellate Division Docket No. 2021-05257 are deemed to be appeals from the orders; and it is further,

ORDERED that on the Court's own motion, the time to perfect the appeals under Appellate Division Docket Nos. 2021-05254 and 2021-05355 is extended, and on or before November 16, 2022, Tower East Condominium, Board of Managers of Tower East Condominium, Osmar Kusumo, Tower East Condominium, Inc., and Fairfield Property Services, L.P., shall serve 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; and it is further,

ORDERED that on the Court's own motion, the time to perfect the appeal under Appellate Division Docket No. 2021-05257 is extended, and on or before November 16, 2022, Tower East Condominium, Board of Managers of Tower East Condominium, Osmar Kusumo, and Tower East Condominium, Inc., shall serve 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.

BARROS, J.P., CHAMBERS, DOWLING and WAN, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court