Main St. Lofts Yonkers, LLC v Chiurmbidzo Mabuwa
Motion No: 2023-00434 WC
Slip Opinion No: 2023 NY Slip Op 71762(U)
Decided on July 27, 2023
Appellate Term, 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.


Appellate Term of the Supreme Court

of the State of New York for the 9th & 10th Judicial Districts

JERRY GARGUILO, P.J.

ELIZABETH H. EMERSON

TIMOTHY S. DRISCOLL, JJ.

DECISION & ORDER ON MOTION

2023-434 W C
2022-611 W C
Main Street Lofts Yonkers, LLC, Respondent, v Chiurmbidzo Mabuwa, Appellant.

Motion by appellant for an extension of time to perfect an appeal from a judgment of the City Court of Yonkers, Westchester County, entered August 18, 2022; to consolidate the appeal under docket number 2023-434 W C with the appeal under docket number 2022-611 W C; and to compel the City Court to transmit "missing" documents to the Appellate Term.

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

ORDERED that the branch of the motion seeking an extension of time to perfect the appeal is granted, and the appeal shall be perfected on or before October 27, 2023; and it is further,

ORDERED that in the event the appeal is not perfected by October 27, 2023, the court, on its own motion, may dismiss the appeal, or respondent may move, on three days' notice, to dismiss the appeal, and may serve such application upon appellant in person; and it is further,

ORDERED that the branch of the motion seeking to consolidate the appeals is granted to the extent that the appellant may perfect the appeals with a single brief, bearing both docket numbers and there shall be oral argument, if requested, on both appeals at the same time; and it is further,

ORDERED that the branch of the motion to compel the City Court to transmit "missing" documents to the Appellate Term is denied with leave to renew before the City Court identifying the specific documents claimed to be missing.

ENTER:

Paul Kenny

Chief Clerk