| DCH Toyota City v Murray |
| Motion No: 2022-05747 |
| Slip Opinion No: 2023 NY Slip Op 73470(U) |
| Decided on September 18, 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. |
Appellate Division: Second Judicial Department
M291131
AFA/
COLLEEN D. DUFFY, J.P.
ROBERT J. MILLER
PAUL WOOTEN
LAURENCE L. LOVE, JJ.
|
2022-05747 DCH Toyota City, plaintiff-respondent, v Sean Michael Murray, defendant third-party plaintiff-appellant, AmeriCredit Financial Services, defendant-respondent; Toyota Motor Credit Corporation, etc., et al., third-party defendants-respondents, et al., third-party defendants (Index No. 56259/2020)
| DECISION & ORDER ON MOTION . |
2023-00458
DCH Toyota City, plaintiff-respondent,
v Sean Michael Murray, defendant third-party
plaintiff-appellant, et al., defendant; et al.,
third-party defendants.
(Index No. 56259/2020)
Appeals from two orders of the Supreme Court, Westchester County, dated June 14, 2022, and November 22, 2022. Motion by the appellant to consolidate the appeals, to extend the time to perfect the appeals, and for leave to proceed on the original papers. Separate application by the appellant to extend the time to perfect the appeals.
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 denied as unnecessary as the appeals may be consolidated as of right (see 22 NYCRR 1250.9[f][3]); and it is further,
ORDERED that the application and the branch of the motion which is to extend the time to perfect the appeals are granted, and on or before October 18, 2023, the appellant shall 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 for leave to proceed on the original papers is denied.
DUFFY, J.P., MILLER, WOOTEN and LOVE, JJ., concur.
ENTER:
Darrell M. Joseph
Acting Clerk of the Court