Appellate Division: Second Judicial Department

M300991

AFA/

CHERYL E. CHAMBERS, J.P.

PAUL WOOTEN

LILLIAN WAN

LAURENCE L. LOVE, JJ.

2021-02234, 2024-04183 Susan M. Deflorio, respondent, v County of Nassau, et al., appellants. (Index No. 602141/2017)

DECISION & ORDER ON MOTION

Appeals from an order of the Supreme Court, Nassau County, dated March 15, 2021, and a judgment of the same court dated January 19, 2024. Motion by the appellants, inter alia, to extend the time to perfect the appeal from the judgment. By order to show cause dated October 7, 2024, the parties to the appeals were directed to show cause before this Court why an order should or should not be made and entered dismissing the 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, and the branch of the motion by the appellants which is to extend the time to perfect the appeal from the judgment was held in abeyance in the interim. Motion by the appellants to extend the time to perfect the appeal from the judgment and, in effect, to consolidate the appeals.

Upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of motions by the appellants and the papers filed in opposition thereto, it is

ORDERED that the motion by the appellants to extend the time to perfect the appeal from the judgment and, in effect, to consolidate the appeals and the branch of the motion by the appellants which is to extend the time to perfect the appeal from the judgment are granted to the extent that the appeals are consolidated, the record and briefs filed in connection with the appeal from the order are deemed also to be filed in connection with the appeal from the judgment, on or before December 27, 2024, the parties shall serve and file, via NYSCEF, replacement briefs which contain Appellate Division Docket No. 2024-04183 in addition to Appellate Division Docket No. 2021-02234 on the covers, and on or before December 27, 2024, the appellants shall serve and file, via NYSCEF, a replacement record which also contains the judgment, the notice of appeal from the judgment, and Appellate Division Docket No. 2024-04183 in addition to Appellate Division Docket No. 2021-02234 on the cover, and the motions are otherwise denied; and it is further,

ORDERED that the motion to dismiss the appeal from the order is held in abeyance and referred to the panel of Justices hearing the appeals for determination upon the argument or submission thereof.

CHAMBERS, J.P., WOOTEN, WAN and LOVE, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court