Appellate Division: Second Judicial Department

M289379

AFA/

COLLEEN D. DUFFY, J.P.

ANGELA G. IANNACCI

LINDA CHRISTOPHER

HELEN VOUTSINAS, JJ.

2020-06852 Kondaur Capital Corporation, etc., respondent, v Catherine Kelly, appellant, et al., defendants. (Index No. 23891/2009)

DECISION & ORDER ON MOTION

2022-06271

Kondaur Capital Corporation, etc., plaintiff,

v Catherine Kelly, appellant, et al., defendants;

U.S. Bank Trust National Association, nonparty-

respondent.

(Index No. 23891/2009)

Appeals from an order and an order and judgment (one paper) of the Supreme Court, Kings County, dated February 20, 2020, and June 1, 2022, respectively. Motion by the appellant, inter alia, to consolidate the appeals. Application by the appellant to extend the time to perfect the appeal from the order and judgment.

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 application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branch of the motion which is to consolidate the appeals is granted, and the motion is otherwise denied; and it is further,

ORDERED that the record and briefs filed in connection with the appeal from the order are deemed also to be filed in connection with the appeal from the order and judgment, on or before July 5, 2023, the parties shall file digital replacement copies of the record and briefs which contain Appellate Division Docket No. 2022-06271 in addition to Appellate Division Docket No. 2020-06852 and which contain both captions via NYSCEF, if applicable, or, if NYSCEF is not mandated, upload digital replacement copies of the record and briefs that contain the corrected covers, with proof of service thereof, through the digital portal on this Court's website, and on or before July 5, 2023, the appellant shall serve and file a supplemental record containing the order and judgment and the notice of appeal from the order and judgment via NYSCEF, if applicable, or, if NYSCEF is not mandated, upload a digital copy of the supplemental record, with proof of service thereof, through the digital portal on this Court's website; and it is further,

ORDERED that the application is denied as academic.

DUFFY, J.P., IANNACCI, CHRISTOPHER and VOUTSINAS, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court