Appellate Division: Second Judicial Department

M293512

AFA/

ANGELA G. IANNACCI, J.P.

LINDA CHRISTOPHER

LARA J. GENOVESI

BARRY E. WARHIT, 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. The appeal from the order dated October 13, 2022, was deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by the appellants to vacate a decision and order on motion of this Court dated October 30, 2023, to vacate the dismissal of the appeal from the order dated October 13, 2022, to extend the time to perfect the appeal from that order, to extend the time to perfect the appeal from the order dated March 29, 2023, and to consolidate the appeals.

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

ORDERED that the branch of the motion which is to vacate the decision and order on motion of this Court dated October 30, 2023, is denied; and it is further,

ORDERED that the branch of the motion which is to vacate the dismissal of the appeal from the order dated October 13, 2022, and to extend the time to perfect the appeal from that order is granted, the dismissal of the appeal from the order dated October 13, 2022, pursuant to 22 NYCRR 1250.10(a) is vacated, and on or before March 12, 2024, the appellants shall and serve 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; and it is further,

ORDERED that the branch of the motion which is to extend the time to perfect the appeal from the order dated March 29, 2023, is granted, and on or before March 12, 2024, the appellants shall and serve 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; 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., CHRISTOPHER, GENOVESI and WARHIT, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court