Appellate Division: Second Judicial Department

M301624

AFA/

CHERYL E. CHAMBERS, J.P.

LINDA CHRISTOPHER

LAURENCE L. LOVE

PHILLIP HOM, JJ.

2021-03732 In the Matter of 563 Grand Medical, P.C., etc., respondent, v Country-Wide Insurance Company, appellant. (Index No. 630/2020)

DECISION & ORDER ON MOTION

2021-09464, 2024-01754

In the Matter of 563 Grand Medical, P.C.,

etc., respondent, v Country-Wide Insurance

Company, appellant.

(Index No. 630/2020)

Appeals from two orders of the Supreme Court, Kings County, dated December 21, 2020, and November 10, 2021, respectively, and a judgment of the same court dated November 15, 2023. By order to show cause dated April 10, 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 appeals from the orders on the ground that the right of direct appeal from the orders terminated upon entry in the above-entitled action of the judgment (see Matter of Aho, 39 NY2d 241), and/or the orders are superseded by the judgment. Motion by the appellant, in effect, to consolidate the appeals. Application by the appellant to extend the time to perfect the appeal from the judgment.

Upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the appellant's motion and application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion to dismiss the appeal is denied; and it is further,

ORDERED that the application to extend the time to perfect the appeal from the judgment and the motion by the appellant, in effect, to consolidate the appeals are granted to the extent that the appeals from the order dated November 10, 2021, and the judgment are consolidated, the record and briefs filed in connection with the appeal from the order dated November 10, 2021, are deemed also to be filed in connection with the appeal from the judgment, and on or before January 22, 2025, the parties shall serve and file, via NYSCEF, replacement briefs which contain Appellate Division Docket No. 2024-01754, in addition to Appellate Division Docket No. 2021-09464 on the covers, and the appellant shall serve and file, via NYSCEF, a replacement record which contains the judgment and the notice of appeal from the judgment and Appellate Division Docket No. 2024-01754, in addition to Appellate Division Docket No. 2021-09464, on the cover, and the application and the motion are otherwise denied.

CHAMBERS, J.P., CHRISTOPHER, LOVE and HOM, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court