Appellate Division: Second Judicial Department

M291581

AFA/

JOSEPH J. MALTESE, J.P.

WILLIAM G. FORD

BARRY E. WARHIT

LOURDES M. VENTURA, JJ.

2021-09495 Kingstone Insurance Company, plaintiff, Alejandro Perez Barranco, appellant-respondent, v Marina Fronshtein, et al., respondents-appellants. (Index No. 521396/2017)

DECISION & ORDER ON MOTION

2022-00623

Kingstone Insurance Company, plaintiff-respondent,

Alejandro Perez Barranco, appellant-respondent,

v Marina Fronshtein, et al., respondents-appellants.

(Index No. 521396/2017)

Appeal and cross-appeal from an order of the Supreme Court, Kings County, dated November 8, 2021, which were deemed dismissed pursuant to 22 NYCRR 1250.10(a), and appeal and cross-appeal from a judgment of the same court dated January 7, 2022. Motion by the respondents-appellants to dismiss the appeal from the judgment on the ground that the dismissal of the appeal from the order for failure to timely perfect precludes review of the issues raised on the appeal from the judgment pursuant to Bray v Cox (38 NY2d 350). Cross-motion by the appellant-respondent pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the appeal from the order and, upon reinstatement, to withdraw the appeal from the order.

Upon the papers filed in support of the motion and the cross-motion and the papers filed in opposition thereto, it is

ORDERED that the cross-motion is granted, the dismissal of the appeal from the order pursuant to 22 NYCRR 1250.10(a) is vacated, and the appeal from the order is deemed withdrawn; and it is further,

ORDERED that the motion is denied.

MALTESE, J.P., FORD, WARHIT and VENTURA, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court