Appellate Division: Second Judicial Department

M288208

E/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, et al., appellants,

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)

On the Court's own motion, it is

ORDERED that the decision and order on motion of this Court dated March 17, 2023, in the above-entitled matters is recalled and vacated, and the following decision and order on motion is substituted therefor:

Appeals by the New York City Transit Authority and the City of New York from an order of the Supreme Court, Queens County, dated June 17, 2022 (Appellate Division Docket No. 2022-05534), separate appeal by Zorayda Hernandez from an order of the same court also dated June 17, 2022 (Appellate Division Docket No. 2022-05006), and separate appeal by Junction Sports Plus, Inc., from an order of the same court also dated June 17, 2022 (Appellate Division Docket No. 2022-05707). Motion by the New York City Transit Authority to consolidate the appeals by it and the City of New York with the other two appeals, or in the alternative, to direct that the appeals by it and the City of New York be calendared together with the other two appeals. Application by Zorayda Hernandez for an extension of time to perfect her appeal. Separate application by Junction Sports Plus, Inc., for an extension of time to perfect its appeal. Separate application by Junction Sports Plus, Inc., to withdraw its appeal.

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 application by Junction Sports Plus, Inc., to withdraw its appeal is granted, and the appeal by Junction Sports Plus, Inc., is deemed withdrawn; and it is further,

ORDERED that the application by Junction Sports Plus, Inc., for an extension of time to perfect its appeal is denied as academic; and it is further,

ORDERED that the motion is granted to the extent that the appeals by the New York City Transit Authority and the City of New York will be calendared together with the separate appeal by Zorayda Hernandez, 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 her brief under Appellate Division Docket No. 2022-05006, via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the record or appendix and brief and upload digital copies of the record or appendix and 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