Appellate Division: Second Judicial Department

M299807

AFA/

HECTOR D. LASALLE, P.J.

CHERYL E. CHAMBERS

JANICE A. TAYLOR

DONNA-MARIE E. GOLIA, JJ.

2024-01788 US Bank National Association, etc., appellant, v Michael Tucci, etc., respondent, et al., defendants. (Index No. 600753/2019)

DECISION & ORDER ON MOTION

2024-06199

U.S. Bank, N.A., appellant, v Michael

Tucci, etc., respondent, et al., defendants.

(Index No. 600753/2019)

Appeals from two orders of the Supreme Court, Nassau County, dated October 24, 2023, and March 14, 2024, respectively. The appeal from the order dated October 24, 2023, was 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 appeal from the order dated October 24, 2023, to extend the time to perfect that appeal, and 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 appeal from the order dated October 24, 2023, and to extend the time to perfect that appeal, are granted, the dismissal of the appeal pursuant to 22 NYCRR 1250.10(a) is vacated, and on or before November 12, 2024, the appellant shall and 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; and it is further,

ORDERED that the branch of the motion which is to consolidate the appeals is denied as unnecessary as the appeals may be consolidated as of right (see 22 NYCRR 1250.9[f][3]).

LASALLE, P.J., CHAMBERS, TAYLOR and GOLIA, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court