Appellate Division: Second Judicial Department

M300090

KS/

BETSY BARROS, J.P.

WILLIAM G. FORD

LAURENCE L. LOVE

PHILLIP HOM, JJ.

2020-08689 Fausto Campos Gomez, appellant-respondent, v 162 Stuyvesant Realty LLC, et al., respondents-appellants (and a third-party action). (Index No. 509123/2017)

DECISION & ORDER ON MOTION

2022-07456

Fausto Campos Gomez, respondent,

v 162 Stuyvesant Realty LLC, et al.,

appellants (and a third-party action).

(Index No. 509123/2017)

Appeal and cross-appeal from an order of the Supreme Court, Kings County, dated November 2, 2020, and appeal from a judgment of the same court dated May 17, 2022. The appeal from the judgment was deemed dismissed pursuant to 22 NYCRR 1250.10(a). By order to show cause of this Court dated May 17, 2024, the parties to the appeals and cross-appeal were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal and cross-appeal from the order on the ground that the right of direct appeal from the order terminated upon entry in the above-entitled action of the judgment (see Matter of Aho, 39 NY2d 241). Motion by Fausto Campos Gomez to dismiss the appeal and cross-appeal from the order on the ground that the right of direct appeal from the order terminated upon entry in the above-entitled action of the judgment (see Matter of Aho, 39 NY2d 241), and to dismiss the appeal from the judgment on the grounds that it was untimely taken and for failure to timely perfect. Cross-motion by 162 Stuyvesant Realty LLC and Mondaco Associates LLC, in effect, pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the appeal from the judgment and to extend the time to perfect the appeal from the judgment.

Now, upon the order to show cause and the papers filed in response thereto, upon the papers filed in support of the motion by Fausto Campos Gomez and the papers filed in opposition thereto, and upon the papers filed in support of the cross-motion by 162 Stuyvesant Realty LLC and Mondaco Associates LLC and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion and branch of the motion by Fausto Campos Gomez which are to dismiss the appeal and cross-appeal from the order on the ground that the right of direct appeal from the order terminated upon entry in the above-entitled action of the judgment are granted and the appeal and cross-appeal from the order are dismissed, without costs or disbursements; and it is further,

ORDERED that the branch of the motion by Fausto Campos Gomez which is to dismiss the appeal from the judgment is denied; and it is further,

ORDERED that the cross-motion is granted, the dismissal of the appeal from the judgment pursuant to 22 NYCRR 1250.10(a) is vacated, and on or before November 18, 2024, 162 Stuyvesant Realty LLC and Mondaco Associates LLC shall 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 no further extension of time shall be granted.

BARROS, J.P., FORD, LOVE and HOM, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court