Herry v City of New York
Motion No: 2022-08271
Slip Opinion No: 2024 NY Slip Op 68414(U)
Decided on May 29, 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

M296705

AFA/

BETSY BARROS, J.P.

JOSEPH J. MALTESE

PAUL WOOTEN

LAURENCE L. LOVE, JJ.

2022-08271

Brent Herry, appellant, v City of New York,

et al., defendants, New York City Housing

Authority, respondent (and a third-party action).

(Index No. 706101/2020)

DECISION & ORDER ON MOTION

2023-02670

In the Matter of Brent Herry, appellant,

v New York City Housing Authority, et al.,

respondents.

(Index No. 720599/2020)

Appeals from two orders of the Supreme Court, Queens County, dated August 25, 2022, and August 12, 2022, respectively. Motion by the appellant to deem the notice of appeal from the order dated August 12, 2022, to reflect that Brent Herry appeals from that order, 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 deem the notice of appeal from the order dated August 12, 2022, to reflect that Brent Herry appeals from that order is granted, and the notice of appeal is deemed to reflect that Brent Herry appeals from the order dated August 12, 2022; and it is further,

ORDERED that the branch of the motion which is to consolidate the appeals is denied; and it is further,

ORDERED that on the Court's own motion, the appeals 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 which is to extend the time to perfect the appeals is granted, and on or before June 28, 2024, the appellant shall serve and file the records or appendices and the appellant's briefs via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the records or appendices and the appellant's briefs and upload digital copies of the records or appendices and the appellant's briefs, with proof of service thereof, through the digital portal on this Court's website.

BARROS, J.P., MALTESE, WOOTEN and LOVE, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court