Appellate Division: Second Judicial Department

M303090

AFA/

MARK C. DILLON, J.P.

DEBORAH A. DOWLING

BARRY E. WARHIT

LAURENCE L. LOVE, JJ.

2024-04612 Heather M. Abissi, etc., respondent, v Sylvia Lembert, appellant. (Index No. 53812/2018)

DECISION & ORDER ON MOTION

2024-07425

Heather M. Abissi, etc., respondent,

v Sylvia Lembert, appellant.

(Index No. 53812/2018)

Appeals from two orders of the Supreme Court, Dutchess County, dated April 16, 2024, and July 12, 2024, respectively. The appeal from the order dated April 16, 2024, was deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by the appellant, inter alia, pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the appeal from the order dated April 16, 2024, and to extend the time to perfect that appeal. Separate motion by the appellant, inter alia, to consolidate the appeal from the order dated July 12, 2024, with the appeal from the order dated April 16, 2024, and to extend the time to perfect the appeal from the order dated July 12, 2024. Separate motion by the appellant, inter alia, in effect, for summary reversal of stated portions of the order dated April 16, 2024. Motion by the respondent, inter alia, in effect, to amend her papers filed in opposition to the motion by the appellant, inter alia, in effect, for summary reversal of stated portions of the order dated April 16, 2024. Separate motion by the appellant, inter alia, in effect, to amend her proposed reply on her motion, inter alia, in effect, for summary reversal of stated portions of the order dated April 16, 2024. Separate motion by the appellant, inter alia, in effect, for disclosure of certain material.

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

ORDERED that the motion, inter alia, to vacate the dismissal of the appeal from the order dated April 16, 2024, is granted to the extent that the dismissal of the appeal pursuant to 22 NYCRR 1250.10(a) is vacated, and on or before April 25, 2025, 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 that motion is otherwise denied; and it is further,

ORDERED that the branch of the motion which is to consolidate the appeals is denied as unnecessary as the appeals may be consolidated as of right (see 22 NYCRR 1250.9[f][3]); and it is further,

ORDERED that the branch of the motion which is to extend the time to perfect the appeal from the order dated July 12, 2024, is granted and on or before April 25, 2025, 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 that motion is otherwise denied; and it is further,

ORDERED that the motions are otherwise denied.

DILLON, J.P., DOWLING, WARHIT and LOVE, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court