Appellate Division: Second Judicial Department

M296781

AFA/

FRANCESCA E. CONNOLLY, J.P.

BARRY E. WARHIT

HELEN VOUTSINAS

LAURENCE L. LOVE, JJ.

2021-07883 Rachel Small, appellant, v 544 Union De LLC, respondent. (Index No. 502045/2021)

DECISION & ORDER ON MOTION

2023-02384

Rachel Small, etc., respondent,

v 544 Union De LLC, appellant.

(Index No. 502045/2021)

Appeal from an order and judgment (one paper) of the Supreme Court, Kings County, dated October 14, 2021, and an order of the same court dated February 10, 2023, respectively. Motion by Rachel Small, in effect, to withdraw the appeal from the order and judgment dated October 14, 2021. Cross-motion by 544 Union De LLC, inter alia, to consolidate the appeals and to stay all proceedings in the above-entitled action, pending hearing and determination of the appeals. Separate motion by Rachel Small to dismiss the appeal from the order dated February 10, 2023, on the ground that no appeal lies from an order entered upon the default of the appealing party. Application by 544 Union De LLC to extend the time to perfect the appeal from the order dated February 10, 2023.

Upon the papers filed in support of the motions and cross-motion and the papers filed in opposition thereto, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion, in effect to withdraw the appeal from the order and judgment dated October 14, 2021, is granted, and the appeal from the order and judgment dated October 14, 2021, is deemed withdrawn, without costs and disbursements; and it is further,

ORDERED that the branch of the cross-motion which is to stay all proceedings in the above-entitled action, pending hearing and determination of the appeals, is denied; and it is further,

ORDERED that the cross-motion is otherwise denied as academic; and it is further,

ORDERED that the motion to dismiss the appeal from the order dated February 10, 2023, and the application are held in abeyance and the matter is referred to the Supreme Court, Kings County, to report on whether it considered Supreme Court NYSCEF Document No. 85 filed in an action entitled Marantz v MD CBD 180 Franklin LLC, under Index No. 521055-2020, in connection with the motion which was determined by the order dated February 10, 2023, and the Supreme Court, Kings County, shall file its report with this Court with all convenient speed.

CONNOLLY, J.P., WARHIT, VOUTSINAS and LOVE, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court