Appellate Division: Second Judicial Department

M286140

AFA/

MARK C. DILLON, J.P.

BETSY BARROS

LARA J. GENOVESI

JANICE A. TAYLOR, JJ.

2021-02671, 2021-04802 Happy 8 Realty Corp., appellant, v Great World Realty, LLC, et al., respondents. (Index No. 719811/2018)

DECISION & ORDER ON MOTION

Appeals from an order of the Supreme Court, Queens County, dated April 9, 2021, and a judgment of the same court entered June 2, 2021. The appeal from the judgment was deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by the appellant, inter alia, pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the appeal from the judgment and, in effect, to consolidate the appeals. Separate motion by the appellant to extend the time to serve and file a reply brief.

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

ORDERED that the motions are granted, the dismissal of the appeal from the judgment pursuant to 22 NYCRR 1250.10(a) is vacated, the appeals are consolidated, the record and briefs filed in connection with the appeal from the order are deemed to also be filed in connection with the appeal from the judgment, on or before January 3, 2023, the parties shall serve and file, via NYSCEF, replacement digital copies of the record and briefs which contain Appellate Division Docket No. 2021-04802 in addition to Appellate Division Docket No. 2021-02671 on the covers, and on or before January 3, 2023, the appellant shall serve and file the reply brief and a supplemental record which contains the judgment and the notice of appeal from the judgment via NYSCEF.

DILLON, J.P., BARROS, GENOVESI and TAYLOR, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court