Avraham v McLean
Motion No: 2022-07862
Slip Opinion No: 2024 NY Slip Op 64557(U)
Decided on March 22, 2024
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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M295114

AFA/

BETSY BARROS, J.P.

CHERYL E. CHAMBERS

HELEN VOUTSINAS

LOURDES M. VENTURA, JJ.

2022-07862

Oshri Avraham, plaintiff-respondent, v

Richard McLean, respondent-appellant,

Qiang Lin, appellant-respondent, Matthew V.

Giocastro, et al., defendants-respondents.

(Index No. 700761/2019)

DECISION & ORDER ON MOTION

2023-11387

Oshri Avraham, plaintiff-respondent, v

Richard McLean, et al., defendants,

Qiang Lin, appellant, Matthew V.

Giocastro, defendant-respondent.

(Index No. 700761/2019)

Appeal and cross-appeal from an order of the Supreme Court, Queens County, dated August 24, 2022, and appeal from an order of the same court dated October 23, 2023, respectively. Motion by Qiang Lin to consolidate the appeals and to extend the time to perfect the appeals.

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 branch of the motion which is to consolidate the appeals is denied; 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 August 24, 2022, is granted, and on or before April 22, 2024, Qiang Lin shall serve and file the joint record or appendix and the appellant's brief on the appeal from the order dated August 24, 2022, via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the joint record or appendix and the appellant's brief and upload digital copies of the joint 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 no further extension to time shall be granted as to the appeal from the order dated August 24, 2022; 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 October 23, 2023, is denied as premature.

BARROS, J.P., CHAMBERS, VOUTSINAS and VENTURA, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court