Hernandez v 38-09 Junction Realty LLC
Motion No: 2022-05006
Slip Opinion No: 2023 NY Slip Op 63515(U)
Decided on March 17, 2023
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M287915

AFA/

MARK C. DILLON, J.P.

COLLEEN D. DUFFY

LINDA CHRISTOPHER

JOSEPH A. ZAYAS, JJ.

2022-05006

Zorayda Hernandez, appellant,

v 38-09 Junction Realty, LLC, et al.,

respondents.

(Index No. 714742/2017)

DECISION & ORDER ON MOTION

2022-05534

Zorayda Hernandez, plaintiff-respondent,

v 38-09 Junction Realty, LLC, defendant-respondent,

New York City Transit Authority, appellant,

et al., defendants.

(Index No. 714742/2017)

2022-05707

Zorayda Hernandez, plaintiff-respondent,

v 38-09 Junction Realty, LLC, et al., defendants-respondents,

Junction Sports Plus, Inc., appellant, et al., defendants.

(Index No. 714742/2017)

2022-05864

Zorayda Hernandez, plaintiff-respondent,

v 38-09 Junction Realty, LLC, defendant-respondent,

City of New York, et al., appellants, et al., defendants.

(Index No. 714742/2017)

Appeals from four orders of the Supreme Court, Queens County, all dated June 17, 2022. Motion by the New York City Transit Authority to consolidate the appeals, or in the alternative, for an order directing that the appeals be calendared and heard together. Application by Zorayda Hernandez for an extension of time to perfect the appeal under Appellate Division Docket No. 2022-05006. Separate application by Junction Sports Plus Inc. for an extension of time to perfect the appeal under Appellate Division Docket No. 2022-05707.

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

ORDERED that the motion is granted to the extent that the appeals will be calendared together and will be argued or submitted on the same date, and the motion is otherwise denied; and it is further,

ORDERED that the application by Zorayda Hernandez is granted, and on or before April 17, 2023, Zorayda Hernandez shall serve and file the record or appendix and the appellant's brief on the appeal under Appellate Division Docket No. 2022-05006 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 her brief, with proof of service thereof, through the digital portal on this Court's website; and it is further,

ORDERED that the application by Junction Sports Plus Inc. is granted, and on or before April 17, 2023, Junction Sports Plus Inc. shall serve and file the record or appendix and the appellant's brief on the appeal under Appellate Division Docket No. 2022-05707 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 her brief, with proof of service thereof, through the digital portal on this Court's website.

DILLON, J.P., DUFFY, CHRISTOPHER and ZAYAS, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court