Appellate Division: Second Judicial Department

M297451

AFA/

ANGELA G. IANNACCI, J.P.

LARA J. GENOVESI

LILLIAN WAN

CARL J. LANDICINO, JJ.

2023-01363 Yehuda Listokin, respondent, Rena Listokin, appellant. (Index No. 59781/2014)

DECISION & ORDER ON MOTION

2023-01370

Yehuda Listokin, respondent,

Rena Listokin, appellant.

(Index No. 59781/2014)

2023-04381

Yehuda Listokin, respondent,

Rena Listokin, appellant.

(Index No. 59781/2014)

Appeals from three orders of the Supreme Court, Westchester County, dated December 1, 2022, October 19, 2022, and March 27, 2023, respectively. The appeals from the orders dated December 1, 2022, and October 19, 2022, were deemed dismissed, pursuant to 22 NYCRR 1250.10(a). Motion by the appellant pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the appeals from the orders dated December 1, 2022, and October 19, 2022, to extend the time to perfect those appeals, and to substitute Jonathan Rosenberg, PLLC as counsel for the appellant on those appeals. Separate motion by the appellant to extend the time to perfect the appeal from the order dated March 27, 2023.

Upon the papers filed in support of the motions and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branches of the motion which are to vacate the dismissal of the appeals from the orders dated December 1, 2022, and October 19, 2022, and to extend the time to perfect those appeals, and the motion to extend the time to perfect the appeal from the order dated March 27, 2023, are granted, the dismissals of the appeals from the orders dated December 1, 2022, and October 19, 2022 pursuant to 22 NYCRR 1250.10(a) are vacated, and on or before August 30, 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 substitute Jonathan Rosenberg, PLLC as counsel for the appellant on the appeals from the orders dated December 1, 2022, and October 19, 2022, is denied without prejudice to filing a consent to change attorney (see 22 NYCRR 670.1[c][4][A]).

IANNACCI, J.P., GENOVESI, WAN and LANDICINO, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court