Appellate Division: Second Judicial Department

M297259

AFA/

MARK C. DILLON, J.P.

DEBORAH A. DOWLING

JANICE A. TAYLOR

LOURDES M. VENTURA, JJ.

2022-03016, 2023-00359 Wilmington Savings Fund Society, FSB, respondent, v Francesco Scarso, etc., appellant, et al., defendants. (Index No. 135722/2018)

DECISION & ORDER ON MOTION

Appeals from two orders of the Supreme Court, Richmond County, dated April 5, 2022, and December 20, 2022, respectively. Motion by the appellant to deem the notice of appeal from the order dated April 5, 2022, also to be from the order dated December 20, 2022, or, in the alternative, to consolidate the appeals. Application by the appellant to extend the time to perfect the appeal from the order dated December 20, 2022.

Upon the papers filed in support of the motion and the application 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 granted, the appeals are consolidated, the record and briefs filed in connection with the appeal from the order dated April 5, 2022, are deemed also to be filed in connection with the appeal from the order dated December 20, 2022, and on or before July 24, 2024, the parties shall serve and file, via NYSCEF, replacement briefs which contain Appellate Division Docket No. 2023-00359 in addition to Appellate Division Docket No. 2022-03016 on the covers, and the appellant shall serve and file, via NYSCEF, a replacement record which contains the order dated December 20, 2022, and the notice of appeal from the order dated December 20, 2022, and Appellate Division Docket No. 2023-00359 in addition to Appellate Division Docket No. 2022-03016 on the cover; and it is further,

ORDERED that the application to extend the time to perfect the appeal is denied as unnecessary; and it is further,

ORDERED that the motion is otherwise denied.

DILLON, J.P., DOWLING, TAYLOR and VENTURA, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court