Appellate Division: Second Judicial Department

M290097

AFA/

CHERYL E. CHAMBERS, J.P.

DEBORAH A. DOWLING

HELEN VOUTSINAS

LILLIAN WAN, JJ.

2021-08510 Hyergene F. Walters, etc., plaintiff-respondent, v Nicole C. O'Quinn, et al., defendants, Dion I. Balcarran, et al., appellants, Emigrant Bank, etc., defendant-respondent. (Index No. 506720/2015)

DECISION & ORDER ON MOTION

2022-03399

Hyergene F. Walters, etc., plaintiff-respondent,

v Nicole C. O'Quinn, et al., defendants, Dion I.

Balcarran, et al., appellants, Emigrant Bank, etc.,

defendant-respondent.

(Index No. 506720/2015)

Appeal from an order of the Supreme Court, Kings County, dated October 4, 2021, and an order and judgment (one paper) of the same court dated March 25, 2022. The appeal from the order was deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by Gregory J. Tarone pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the appeal from the order, to extend the time to perfect that appeal, and to consolidate the appeals. Application by Gregory J. Tarone to extend the time to perfect the appeal from the order and judgment. By order to show cause dated May 10, 2023, the parties were directed to show cause before this Court why the appeals in the above-entitled action should or should not be dismissed on the ground that Gregory J. Tarone is not aggrieved by the order and the order and judgment (see CPLR 5511), and the motion and application were held in abeyance in the interim. Application by the defendants Alnisa Dampeer, Dion I. Balcarran, Malik Shakur, and Jamie Doyle, in effect, to deem the notices of appeal filed by Gregory J. Tarone to reflect that they are the appealing parties.

Now, upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the motion and applications and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the application by defendants Alnisa Dampeer, Dion I. Balcarran, Malik Shakur, and Jamie Doyle is granted, the notices of appeal filed by Gregory J. Tarone are deemed to reflect that the defendants Alnisa Dampeer, Dion I. Balcarran, Malik Shakur, and Jamie Doyle are the appealing parties (see CPLR 2001; Matter of Tagliaferri, 1 NY3d 605), and the caption is amended accordingly; and it is further,

ORDERED that the motion to dismiss the appeals is denied; and it is further,

ORDERED that the branches of the motion which are to vacate the automatic dismissal of the appeal from the order and to extend the time to perfect that appeal are granted, and on or before August 16, 2023, the appellants shall serve and file the record or appendix and the appellants' brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the record or appendix and the appellants' brief and upload digital copies of the record or appendix and the appellants' brief, with proof of service thereof, through the digital portal on this Court's website; and it is further,

ORDERED that the application to extend the time to perfect the appeal from the order and judgment is granted, and on or before August 16, 2023, the appellants shall serve and file the record or appendix and the appellants' brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the record or appendix and the appellants' brief and upload digital copies of the record or appendix and the appellants' 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]).

CHAMBERS, J.P., DOWLING, VOUTSINAS and WAN, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court