Appellate Division: Second Judicial Department

M296013

AFA/

VALERIE BRATHWAITE NELSON, J.P.

ROBERT J. MILLER

DEBORAH A. DOWLING

LILLIAN WAN, JJ.

2022-05651, 2023-10177 Toorak Capital Partners LLC, respondent, v 15 Dewey Place Corp., et al., appellants, et al., defendants. (Index No. 152846/2019)

DECISION & ORDER ON MOTION

Appeals from an order of the Supreme Court, Richmond County, dated June 30, 2022, and a judgment of the same court dated September 5, 2023. The appeal from the judgment was deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by the appellants pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the appeal from the judgment. Separate motion by the appellants to stay enforcement of the judgment and the sale of the subject property, pending hearing and determination of the appeals, and to deem the notice of appeal from the order to be a premature notice of appeal from the judgment or, in the alternative, to consolidate the appeals and to deem the record and briefs filed in connection with the appeal from the order also to be filed in connection with the appeal from the judgment.

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

ORDERED that the motion to vacate the dismissal of the appeal from the judgment is granted and the dismissal of the appeal from the judgment pursuant to 22 NYCRR 1250.10(a) is vacated; and it is further,

ORDERED that the branches of the motion which are to consolidate the appeals and to deem the record and briefs filed in connection with the appeal from the order also to be filed in connection with the appeal from the judgment are granted, the appeals are consolidated, the record and briefs filed in connection with the appeal from the order are deemed also to be filed in connection with the appeal from the judgment, and on or before May 28, 2024, the parties shall serve and file, via NYSCEF, replacement briefs which contain Appellate Division Docket No. 2023-10177 in addition to Appellate Division Docket No. 2022-05651 on the covers, and the appellants shall serve and file, via NYSCEF, a replacement record which contains the judgment and the notice of appeal from the judgment and Appellate Division Docket No. 2023-10177 in addition to Appellate Division Docket No. 2022-05651 on the cover; and it is further,

ORDERED that the branches of the motion which are to stay enforcement of the judgment and the sale of the subject property, pending hearing and determination of the appeals, are granted and enforcement of the judgment and the sale of the subject property are stayed, pending hearing and determination of the appeals; and it is further,

ORDERED that the motion is otherwise denied.

BRATHWAITE NELSON, J.P., MILLER, DOWLING and WAN, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court