Appellate Division: Second Judicial Department

M291135

AFA/

COLLEEN D. DUFFY, J.P.

ROBERT J. MILLER

PAUL WOOTEN

LAURENCE L. LOVE, JJ.

2022-08410 In the Matter of Erick Turner, appellant, v City of New York, respondent. (Index No. 711727/2022)

DECISION & ORDER ON MOTION

2023-00888

In the Matter of Erick Turner, appellant,

v City of New York, respondent.

(Index No. 711727/2022)

Appeals from two orders of the Supreme Court, Queens County, dated September 13, 2022, and December12, 2022, respectively, which were 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 appeals and to consolidate the appeals.

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

ORDERED that the branch of the motion which is to vacate the dismissal of the appeals pursuant to 22 NYCRR 1250.10(a) is granted and the dismissal is vacated; 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]); and it is further,

ORDERED that on the Court's own motion, the time to perfect the appeals is extended 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.

DUFFY, J.P., MILLER, WOOTEN and LOVE, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court