| Guerra v New York City Housing Authority |
| Motion No: 2022-09975 |
| Slip Opinion No: 2023 NY Slip Op 75967(U) |
| Decided on October 30, 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
M291913
AFA/
CHERYL E. CHAMBERS, J.P.
LINDA CHRISTOPHER
HELEN VOUTSINAS
LAURENCE L. LOVE, JJ.
|
2022-09975 Cathy Guerra, etc., et al., appellants, et al., plaintiff, v New York City Housing Authority, respondent, et al., defendant (and a third-party action). (Index No. 501366/2015)
| DECISION & ORDER ON MOTION |
2023-04218
Cathy Guerra, etc., et al., appellants, et al.,
plaintiff, v New York City Housing Authority,
respondent, et al., defendant.
(Index No. 501366/2015)
Appeals from two orders of the Supreme Court, Kings County, dated October 13, 2022, and March 29, 2023, respectively. Motion by the appellants to consolidate the appeals and to extend the time to perfect the appeal from the order dated October 13, 2022. Cross-motion by the respondent to dismiss the appeal from the order dated March 29, 2023, on the ground that no appeal lies from an order denying reargument. Application by the appellants to extend the time to perfect the appeal from the order dated March 29, 2023.
Upon the papers filed in support of the motion and cross-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 extend the time to perfect the appeal from the order dated October 13, 2022, is denied; and it is further,
ORDERED that the branch of the motion which is to consolidate the appeals is denied as academic; and it is further,
ORDERED that the cross-motion is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; and it is further,
ORDERED that the application is granted, and on or before December 29, 2023, the appellants shall serve and file the record or appendix and the appellants' brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the record or appendix and the appellants' brief and upload digital copies of the record or appendix and the appellants' brief, with proof of service thereof, through the digital portal on this Court's website.
CHAMBERS, J.P., CHRISTOPHER, VOUTSINAS and LOVE, JJ., concur.
ENTER:
Darrell M. Joseph
Acting Clerk of the Court