Appellate Division: Second Judicial Department

M292421

AFA/

VALERIE BRATHWAITE NELSON, J.P.

PAUL WOOTEN

LILLIAN WAN

LAURENCE L. LOVE, JJ.

2022-07814 Louis G. Morin, III, etc., respondent, v Louis G. Morin, Jr., etc., appellant. (Index No. 62791/2018)

DECISION & ORDER ON MOTION

2022-10462

Louis G. Morin, III, etc., respondent-appellant,

v Louis G. Morin, Jr., etc., appellant-respondent.

(Index No. 62791/2018)

Appeal from an order and judgment (one paper) of the Supreme Court, Westchester County, dated July 14, 2022, and appeal and cross-appeal from an order of the same court dated November 14, 2022. The appeal from the order was deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by Louis G. Morin, Jr., pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the appeal from the order and to extend the time to perfect that appeal. Motion by Louis G. Morin, III, to consolidate the appeal from the order and judgment with the appeal and cross-appeal from the order, and to extend the time to perfect the cross-appeal.

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

ORDERED that the motion by Louis G. Morin, Jr., is granted, the dismissal of the appeal from the order pursuant to 22 NYCRR 1250.10(a) is vacated, and on or before December 22, 2023, Louis G. Morin, Jr., shall serve and file the joint record or appendix and the appellant-respondent's brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the joint record or appendix and the appellant-respondent's brief and upload digital copies of the joint record or appendix and the appellant-respondent'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 by Louis G. Morin, III, which is to consolidate the appeal from the order and judgment with the appeal and cross-appeal from the order is denied; and it is further,

ORDERED that on the Court's own motion, the appeal from the order and judgment and the appeal and cross-appeal from the order will be calendared together and will be argued or submitted on the same date; and it is further,

ORDERED that the branch of the motion by Louis G. Morin, III, which is to extend the time to perfect the cross-appeal from the order is granted to the extent that Louis G. Morin, III, shall serve and file an answering brief in accordance with the rules of the Appellate Division (see 22 NYCRR 1250.9[f][1][iv]), and that branch of the motion is otherwise denied.

BRATHWAITE NELSON, J.P., WOOTEN, WAN and LOVE, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court