Madeo v Singh
Motion No: 2022-01436
Slip Opinion No: 2023 NY Slip Op 66625(U)
Decided on May 10, 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

M288888

AFA/

ANGELA G. IANNACCI, J.P.

PAUL WOOTEN

BARRY E. WARHIT

LILLIAN WAN, JJ.

2022-01436

Debra Madeo, respondent,

v Rajbir Singh, appellant.

(Index No. 711880/2019)

DECISION & ORDER ON MOTION

2022-04001

Debra Madeo, respondent,

v Rajbir Singh, appellant.

(Index No. 711880/2019)

2022-04003

Debra Madeo, respondent,

v Rajbir Singh, appellant.

(Index No. 711880/2019)

Appeals from an order of the Supreme Court, Queens County, dated January 31, 2022, and from two orders of the same court dated April 18, 2022, respectively. The appeal from the order dated January 31, 2022, was deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by the appellant pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the appeal from the order dated January 31, 2022, to extend the time to perfect that appeal, and to consolidate the appeals. Application by the appellant to extend the time to perfect the appeals from the orders dated April 18, 2022.

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

ORDERED that the branch of the motion which is pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the appeal from the order dated January 31, 2022, is granted, and the dismissal of that appeal is vacated; and it is further,

ORDERED that the branch of the motion which is to extend the time to perfect the appeal from the order dated January 31, 2022, and the application are granted, and on or before July 10, 2023, the appellant shall and serve and file the record or appendix and the appellant's brief 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 the appellant's brief, 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 as unnecessary as the appeals may be consolidated as of right (see 22 NYCRR 1250.9[f][3]).

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

ENTER:

Maria T. Fasulo

Clerk of the Court