Appellate Division: Second Judicial Department

M300726

KS/

BETSY BARROS, J.P.

LARA J. GENOVESI

JANICE A. TAYLOR

DONNA-MARIE E. GOLIA, JJ.

2023-05385 Ernest Saint Cloud, appellant, v Steven Koehler, etc., et al., respondents, et al., defendants. (Index No. 516873/2019)

DECISION & ORDER ON MOTION

2024-00224

Ernest Saint Cloud, appellant,

v Steven Koehler, etc., et al., respondents.

(Index No. 516873/2019)

Appeals from two orders of the Supreme Court, Kings County, dated April 4, 2023, and September 19, 2023, respectively. The appeal from the order dated September 19, 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 September 19, 2023, and to extend the time to perfect the appeal from that order.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is granted, the dismissal of the appeal from the order dated September 19, 2023, pursuant to 22 NYCRR 1250.10(a) is vacated, and on or before December 16, 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 no further extension of time shall be granted; and it is further,

ORDERED that on the Court's own motion, the appeals will be calendared together and will be argued or submitted on the same date.

BARROS, J.P., GENOVESI, TAYLOR and GOLIA, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court