| Bergstol v Bergstol |
| Motion No: 2023-06939 |
| Slip Opinion No: 2024 NY Slip Op 69206(U) |
| Decided on June 10, 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. |
Appellate Division: Second Judicial Department
M296964
AFA/
ANGELA G. IANNACCI, J.P.
PAUL WOOTEN
LILLIAN WAN
CARL J. LANDICINO, JJ.
|
2023-06939 Donna Bergstol, appellant, v Kenneth Bergstol, defendant-respondent; Laureen Harris, et al., non-party respondents. (Index No. 393/2022)
| DECISION & ORDER ON MOTION |
2023-08452
Donna Bergstol, appellant, v Cronin & Cronin
Law Firm, PLLC, et al., respondents.
(Index No. 556/2019)
Appeals from two orders of the Supreme Court, Rockland County, dated June 22, 2023, and May 25, 2023, respectively. The appeal from the order dated May 25, 3023, was deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by the appellant, inter alia, in effect, pursuant to 22 NYCRR 1520.10 (c) to vacate the dismissal of the appeal from the order dated May 25, 2023, to consolidate the appeals, and to extend the time to perfect the appeals.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branches of the motion which are, in effect, to vacate the dismissal of the appeal from the order dated May 25, 2023, and to extend the time to perfect the appeals are granted, the dismissal of the appeal from the order dated May 25, 2023, pursuant to 22 NYCRR 1250.10(a) is vacated, and on or before August 19, 2024, the appellant shall and 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; 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 motion is otherwise denied.
IANNACCI, J.P., WOOTEN, WAN and LANDICINO, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court