Appellate Division: Second Judicial Department

M299653

KS/

BETSY BARROS, J.P.

JOSEPH J. MALTESE

PAUL WOOTEN

DEBORAH A. DOWLING, JJ.

2023-09057 Eulacio Gallardo, appellant, v 750 North Broadway LLC, et al., defendants, Raquel Gaudio, et al., respondents. (Index No. 51087/2021)

DECISION & ORDER ON MOTION

2023-09059

Eulacio Gallardo, appellant, v 750 North

Broadway LLC, et al., respondents.

(Index No. 51087/2021)

On the Court's own motion, it is

ORDERED that the decision and order on motion of this Court dated September 20, 2024, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:

Appeals from two orders of the Supreme Court, Westchester County, dated August 1, 2023, and March 28, 2023, respectively. Application by the appellant to extend the time to perfect the appeals. Motion by the respondents 750 North Broadway LLC and Charles J. Kling Enterprises LLC to dismiss the appeal from the order dated August 1, 2023, insofar as taken against them on the ground that the appellant is not aggrieved, and to dismiss the appeal from the order dated March 28, 2023, on the ground that the appeal was untimely taken. Application by the appellant, in effect, to withdraw the appeal from the order dated August 1, 2023, insofar as taken against the respondents 750 North Broadway LLC and Charles J. Kling Enterprises LLC.

Upon the papers filed in support of the application to extend the time to perfect the appeals and no papers having been filed in opposition or in relation thereto, and upon the papers filed in support of the motion and the application, in effect, to withdraw the appeal from the order dated August 1, 2023, insofar as taken against the respondents 750 North Broadway LLC and Charles J. Kling Enterprises LLC and the papers filed in opposition thereto, it is

ORDERED that the application by the appellant, in effect, to withdraw the appeal from the order dated August 1, 2023, insofar as taken against the respondents 750 North Broadway LLC and Charles J. Kling Enterprises LLC, is granted, and the appeal from the order dated August 1, 2023, is deemed withdrawn insofar as taken against the respondents 750 North Broadway LLC and Charles J. Kling Enterprises LLC; and it is further,

ORDERED that the branch of the motion which is to dismiss the appeal from the order dated August 1, 2023, insofar as taken against the respondents 750 North Broadway LLC and Charles J. Kling Enterprises LLC is denied as academic; and it is further,

ORDERED that the branch of the motion which is to dismiss the appeal from the order dated March 28, 2023, is granted, and the appeal from the order dated March 28, 2023, is dismissed, without costs or disbursements (see CPLR 5513); and it is further,

ORDERED that the branch of the application by the appellant which is to extend the time to perfect the appeal from the order dated March 28, 2023, is denied as academic; and it is further,

ORDERED that the branch of the application by the appellant which is to extend the time to perfect the appeal from the order dated August 1, 2023, is granted, and on or before November 4, 2024, the appellant shall serve and file the record or appendix and the appellant's brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the record or appendix and the appellant's brief and upload digital copies of the record or appendix and the appellant's brief, with proof of service thereof, through the digital portal on this Court's website.

BARROS, J.P., MALTESE, WOOTEN and DOWLING, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court