Appellate Division: Second Judicial Department

M300208

KS/

MARK C. DILLON, J.P.

PAUL WOOTEN

JANICE A. TAYLOR

JAMES P. MCCORMACK, JJ.

2023-09329 Dar Es Salaam Mosley, etc., respondent, v City of New York, defendant, New York City Housing Authority, defendant third-party plaintiff-appellant; Herc Rentals Inc., third-party defendant-appellant. (Index No. 527313/2019)

DECISION & ORDER ON MOTION

2024-03013

Dar Es Salaam Mosley, etc., appellant-respondent,

v City of New York, defendant-respondent, New York

City Housing Authority, defendant third-party

plaintiff-respondent; Herc Rentals Inc., third-party

defendant-respondent-appellant.

(Index No. 527313/2019)

Appeals from an order of the Supreme Court, Kings County, dated September 5, 2023, and appeal and cross-appeal from an order of the same court dated March 22, 2024. Motion by Herc Rentals Inc. to consolidate the appeals from the order dated September 5, 2023, with the appeal and cross-appeal from the order dated March 22, 2024, or, in the alternative, to calendar the appeals and cross-appeal together, and to extend the time to perfect its appeal from the order dated September 5, 2023. Motion by New York City Housing Authority to extend the time to perfect its appeal from the order dated September 5, 2023. Application by Dar Es Salaam Mosley to extend the time to perfect the appeal from the order dated March 22, 2024.

Upon the papers filed in support of the motion by Herc Rentals Inc. and the papers filed in relation thereto, and upon the papers filed in support of the motion by New York City Housing Authority and the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branch of the motion by Herc Rentals Inc. which is to consolidate the appeals from the order dated September 5, 2023, with the appeal and cross-appeal from the order dated March 22, 2024, is denied; and it is further,

ORDERED that the branch of the motion by Herc Rentals Inc. which is to calendar the appeals and cross-appeal together is granted, and the appeals from the order dated September 5, 2023, and the appeal and cross-appeal from the order dated March 22, 2024, will be calendared together and will be argued or submitted on the same date; and it is further,

ORDERED that the branch of the motion by Herc Rentals Inc. which is to extend the time to perfect its appeal from the order dated September 5, 2023, and the motion by New York City Housing Authority to extend the time to perfect its appeal from the order dated September 5, 2023, are granted, and on or before November 22, 2024, Herc Rentals Inc. and New York City Housing Authority shall serve and file the joint record or appendix and their respective appellant's briefs via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the joint record or appendix and their appellant's briefs and upload digital copies of the joint record or appendix and their appellant's briefs, with proof of service thereof, through the digital portal on this Court's website; and it is further,

ORDERED that application by Dar Es Salaam Mosley to extend the time to perfect the appeal from the order dated March 22, 2024, is granted, and on or before November 22, 2024, Dar Es Salaam Mosley shall serve and file the joint record or appendix and the appellant-respondent's brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the joint record or appendix and the appellant-respondent's brief and upload digital copies of the joint record or appendix and the brief, with proof of service thereof, through the digital portal on this Court's website.

DILLON, J.P., WOOTEN, TAYLOR and MCCORMACK, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court