Appellate Division: Second Judicial Department

M286300

AFA/

ANGELA G. IANNACCI, J.P.

CHERYL E. CHAMBERS

JOSEPH J. MALTESE

JANICE A. TAYLOR, JJ.

2019-00756, 2019-00759 Marilyn Russell, etc., appellant, v River Manor Corp., et al., respondents, et al., defendants. (Index No. 606029/2016)

DECISION & ORDER ON MOTION

2019-05945

Marilyn Russell, etc., appellant,

v River Manor Corp., respondent,

et al., defendants.

(Index No. 606029/2016)

2019-05946

Marilyn Russell, etc., appellant,

v River Manor Corp., et al., defendants,

Kingsbrook Jewish Medical Center,

respondent.

(Index No. 606029/2016)

Appeals from two orders of the Supreme Court, Nassau County, both entered December 26, 2018, and two judgments of the same court entered February 13, 2019, and January 25, 2019, respectively. The appeals from the judgments were deemed dismissed pursuant to 22 NYCRR 1250.10(a). By order to show cause dated June 24, 2022, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeals from the orders on the ground that the right of direct appeal from the orders terminated upon entry in the above-entitled action of the judgments. Motion by the appellant pursuant to 22 NYCRR 1250.10(c) to vacate the dismissals of the appeals from the judgments 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 motion and the papers filed in opposition thereto, it is

ORDERED that the appellant's motion is granted, the dismissals of the appeals from the judgments are vacated, the appeals are consolidated, the record and briefs filed in connection with the appeals from the orders are deemed to also be filed in connection with the appeals from the judgments, on or before January 6, 2023, the parties shall upload, through the digital portal on this Court's website, replacement digital copies of the record and briefs which contain Appellate Division Docket Nos. 2019-05945 and 2019-05946 in addition to Appellate Division Docket Nos. 2019-00756 and 2019-00759, and on or before January 6, 2023, the appellant shall serve a supplemental record which contains the judgments and the notices of appeal from the judgments and upload a digital copy of the supplemental record through the digital portal on this Court's website; and it is further,

ORDERED that the motion to dismiss the appeals from the orders is held in abeyance and referred to the panel of Justices hearing the appeals for determination upon the argument or submission thereof.

IANNACCI, J.P., CHAMBERS, MALTESE and TAYLOR, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court