Appellate Division: Second Judicial Department

M288885

AFA/

ANGELA G. IANNACCI, J.P.

PAUL WOOTEN

BARRY E. WARHIT

LILLIAN WAN, JJ.

2021-04628, 2021-09462 HSBC Bank USA, etc., respondent, v Jeffrey V. Vasishta, etc., et al., appellants. (Index No. 502114/2012)

DECISION & ORDER ON MOTION

Appeals from an order of the Supreme Court, Kings County, dated March 16, 2021, and a judgment of the same court entered December 21, 2021. The appeal from the judgment was deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by the appellants, inter alia, in effect, pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the appeal from the judgment and 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 branches of the motion which are, in effect, pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the appeal from the judgment and to consolidate the appeals are granted, the dismissal of the appeal from the judgment pursuant to 22 NYCRR 1250.10(a) is vacated, the appeals are consolidated, the record and briefs filed in connection with the appeal from the order are deemed to also be filed in connection with the appeal from the judgment, on or before June 9, 2023, the parties shall serve and file, via NYSCEF, replacement digital copies of the record and briefs which contain Appellate Division Docket No. 2021-09462 in addition to Appellate Division Docket No. 2021-04628 on the covers, on or before June 9, 2023, the appellants shall serve and file a supplemental record which contains the judgment and the notice of appeal from the judgment via NYSCEF, and the motion is otherwise denied.

IANNACCI, J.P., WOOTEN, WARHIT and WAN, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court