Appellate Division: Second Judicial Department

M293055

AFA/

ANGELA G. IANNACCI, J.P.

CHERYL E. CHAMBERS

LINDA CHRISTOPHER

CARL J. LANDICINO, JJ.

2022-06953 HSBC Bank USA, National Association, etc., respondent, v Jason Dufek, et al., defendants; 9 Booker Lane, Inc., nonparty-appellant. (Index No. 601868/2018)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Suffolk County, dated July 19, 2022, which was 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 appeal, to extend the time to perfect the appeal, and to consolidate the appeal with the appeals under Appellate Division Docket Nos. 2023-01550 and 2023-04306.

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

ORDERED that the branches of the motion which are pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the appeal and to extend the time to perfect that appeal are granted, the dismissal of the appeal pursuant to 22 NYCRR 1250.10(a) is vacated, and on or before February 16, 2024, the appellant shall and 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; 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]).

IANNACCI, J.P., CHAMBERS, CHRISTOPHER and LANDICINO, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court