Appellate Division: Second Judicial Department

M291781

E/ks

JOSEPH J. MALTESE, J.P.

LARA J. GENOVESI

WILLIAM G. FORD

LOURDES M. VENTURA, JJ.

2019-12228, 2019-11210 Robert Campbell, etc., appellant, v Ditmas Park Rehabilitation & Care Center, LLC, etc., et al., respondents, et al., defendants. (Index No. 18924/2012)

DECISION & ORDER ON MOTION

Appeals from an order of the Supreme Court, Kings County, dated July 22, 2019, and a purported order of the same court entered September 10, 2019. The appeal from the order dated July 22, 2019, was deemed withdrawn by a decision and order on application of this Court dated October 4, 2019. Motion by the appellant, inter alia, pursuant to CPLR 2001 to deem the notice of appeal from the purported order entered September 10, 2019, to reflect that the appeal is from a judgment of the Supreme Court, Kings County, entered September 10, 2019, to vacate so much of the decision and order on application dated October 4, 2019, as deemed the appeal from the order dated July 22, 2019, withdrawn, in effect, to consolidate the appeals, and for leave to serve and file a supplemental record containing the notice of appeal from the order dated July 22, 2019.

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 branches of the motion which are pursuant to CPLR 2001 to deem the notice of appeal from the purported order entered September 10, 2019, to reflect that the appeal is from a judgment of the Supreme Court, Kings County, entered September 10, 2019, to vacate so much of the decision and order on application dated October 4, 2019, as deemed the appeal from the order dated July 22, 2019, withdrawn, in effect, to consolidate the appeals, and for leave to serve and file a supplemental record containing the notice of appeal from the order dated July 22, 2019, are granted, the notice of appeal from the purported order entered September 10, 2019, is deemed to reflect that the appeal is from the judgment of the Supreme Court, Kings County, entered September 10, 2019 (see CPLR 5520[c]), so much of the decision and order on application dated October 4, 2019, as deemed the appeal from the order dated July 22, 2019, withdrawn is vacated, the appeals are consolidated, and on or before October 30, 2023, the appellant shall serve the supplemental record containing the notice of appeal from the order dated July 22, 2019, and upload a digital copy of the supplemental record, with proof of service thereof, through the digital portal on this Court's website; and it is further,

ORDERED that the motion is otherwise denied.

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

ENTER:

Darrell M. Joseph

Acting Clerk of the Court