Appellate Division: Second Judicial Department

M299854

ID/

BETSY BARROS, J.P.

PAUL WOOTEN

DEBORAH A. DOWLING

CARL J. LANDICINO, JJ.

2023-06872 HSBC Mortgage Corp. (USA), respondent, v Darya Smyslov, appellant, et al., defendants. (Index No. 27728/2008)

DECISION & ORDER ON MOTION

2023-06873

HSBC Mortgage Corp. (USA), respondent,

v Darya Smyslov, appellant, et al.,

defendants.

(Index No. 27728/2008)

Appeals from two orders of the Supreme Court, Kings County, dated April 26, 2023, and November 19, 2021, respectively, which 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, to extend the time to perfect the appeals, and to consolidate the appeals.

Upon the papers filed in support of the motion and the papers filed in opposition 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 October 24, 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 to consolidate the appeals is denied as unnecessary as the appeals may be consolidated as of right (see 22 NYCRR 1250.9[f][3]).

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

ENTER:

Darrell M. Joseph

Clerk of the Court