Flushing AV Laundromat, Inc. v Dekao Qu
Motion No: 2020-00832
Slip Opinion No: 2023 NY Slip Op 64494(U)
Decided on April 5, 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

M288201

AFA/

COLLEEN D. DUFFY, J.P.

ROBERT J. MILLER

PAUL WOOTEN

LILLIAN WAN, JJ.

2020-00832

Flushing Av Laundromat, Inc., et al.,

plaintiffs-respondents, v Dekao Qu, et al.,

defendants third-party plaintiffs-appellants;

854-956 Flushing Realty, LLC, et al.,

third-party defendants-respondents.

(Index No. 504585/2014)

DECISION & ORDER ON MOTION

2022-01378

Flushing Av Laundromat, Inc., et al.,

plaintiffs-respondents, v Dekao Qu, et al.,

appellants; 854-956 Flushing Realty, LLC,

nonparty-respondent.

(Index No. 504585/2014)

2022-06529

Flushing Av Laundromat, Inc., et al.,

respondents, v Dekao Qu, et al., appellants.

(Index No. 504585/2014)

Appeals from an order of the Supreme Court, Kings County, dated November 15, 2019, a decision of the same court dated January 18, 2022, and a judgment of the same court dated July 15, 2022. The appeal from the decision was deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by the appellants to consolidate 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 motion is granted to the extent that the appeal from the order dated November 15, 2019, and the appeal from the judgment dated July 15, 2022, are consolidated, the record and briefs filed in connection with the appeal from the order dated November 15, 2019, are deemed also to be filed in connection with the appeal from the judgment dated July 15, 2022, on or before May 1, 2023, the parties shall file replacement copies of the record and briefs which contain Appellate Division Docket No. 2022-06529 in addition to Appellate Division Docket No. 2020-00832 via NYSCEF, if applicable, or, if NYSCEF is not mandated, upload digital replacement copies of the record and briefs that contain the corrected covers through the digital portal of this Court's website, and on or before May 1, 2023, the appellants shall serve and file a supplemental brief containing any points of argument in connection with the appeal from the judgment and a supplemental record containing the judgment, the notice of appeal from the judgment, and any papers constituting the record on appeal from the judgment that are not contained in the record filed in connection with the appeal from the order, via NYSCEF, if applicable, or, if NYSCEF is not mandated, upload a digital copy of the supplemental brief and record, with proof of service thereof, through the digital portal of this Court's website, and the motion is otherwise denied.

DUFFY, J.P., MILLER, WOOTEN and WAN, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court