Appellate Division: Second Judicial Department

M298017

AFA/

VALERIE BRATHWAITE NELSON, J.P.

PAUL WOOTEN

LOURDES M. VENTURA

LAURENCE L. LOVE, JJ.

2022-09100 Lori Saporito-Elliott, et al., appellants, v United Skates of America, Inc., respondent. (Index No. 60563/2013)

DECISION & ORDER ON MOTION

2023-06413

Lori Saporito-Elliott, et al., appellants,

v United Skates of America, Inc., respondent.

(Index No. 60563/2013)

Appeals from an order of the Supreme Court, Suffolk County, dated October 4, 2022, and a judgment of the same court dated March 24, 2023, which were deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by the appellants pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the appeals, to extend the time to perfect the appeals, and in effect, to consolidate 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 branches of the motion which are to vacate the dismissal of the appeals and to extend the time to perfect the appeals are granted, the dismissal of the appeals pursuant to 22 NYCRR 1250.10(a) is vacated, and on or before August 26, 2024, the appellants shall and serve and file the record or appendix and the appellants' brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the record or appendix and the appellants' brief and upload digital copies of the record or appendix and the appellants' brief, 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 to consolidate the appeals is denied as unnecessary as the appeals may be consolidated as of right (see 22 NYCRR 1250.9[f][3]).

BRATHWAITE NELSON, J.P., WOOTEN, VENTURA and LOVE, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court