Appellate Division: Second Judicial Department

M287560

AFA/

BETSY BARROS, J.P.

ROBERT J. MILLER

LARA J. GENOVESI

JANICE A. TAYLOR, JJ.

2022-00124 Alan Mullings, appellant, v State of New York, respondent. (Claim No. 130392)

DECISION & ORDER ON MOTION

2022-00126

Verne Farray, appellant,

v State of New York, respondent.

(Claim No. 130393)

Appeals from two judgments of the Court of Claims, both dated November 16, 2021, which were deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by the appellants pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the appeals, to consolidate the appeals, and to extend the time to perfect the 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 branches of the motion which are pursuant to 22 NYCRR 1250.10(c) to vacate the dismissals of the appeals and to extend the time to perfect the appeals are granted, the dismissals of the appeals pursuant to 22 NYCRR 1250.10(a) are vacated, and on or before March 29, 2023, the appellants shall and serve and file the records or appendices and the appellants' briefs via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the records or appendices and the appellants' briefs and upload digital copies of the records or appendices and the appellants' briefs, 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; and it is further,

ORDERED that on the Court's own motion, the appeals will be calendared together and will be argued or submitted on the same date.

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

ENTER:

Maria T. Fasulo

Clerk of the Court