Appellate Division: Second Judicial Department

M303217

AFA/

LARA J. GENOVESI, J.P.

WILLIAM G. FORD

LILLIAN WAN

JAMES P. MCCORMACK, JJ.

2024-06468 New York Tile Wholesale Corp., respondent, v Thomas Fatato Realty Corp., et al., appellants. (Index No. 49320/2001)

DECISION & ORDER ON MOTION

2024-06470

New York Tile Wholesale Corp., respondent,

v Thomas Fatato Realty Corp., et al.,

appellants.

(Index No. 49320/2001)

2024-07538

New York Tile Wholesale Corp., appellant-respondent,

v Thomas Fatato Realty Corp., et al., respondents-appellants.

(Index No. 49320/2001)

2024-11455

New York Tile Wholesale Corp., respondent,

v Thomas Fatato Realty Corp., et al.,

appellants.

(Index No. 49320/2001)

2024-10346

New York Tile Wholesale Corp., respondent,

v Thomas Fatato Realty Corp., et al., appellants.

(Index No. 49320/2001)

Appeals from three orders of the Supreme Court, Kings County, dated March 11, 2024, April 10, 2024, and July 25, 2024, respectively, and from an order and judgment (one paper), and an amended judgment of the same court, dated March 11, 2024, and September 6, 2024, respectively. Cross-appeal from the order dated April 10, 2024. The appeals from the orders dated March 11, 2024, and April 10, 2024, and the order and judgment, were deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by the appellants pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the appeals from the orders dated March 11, 2024, April 10, 2024, and the order and judgment, and to extend the time to perfect the appeals. Separate motion by the appellant, inter alia, to stay enforcement of the orders, the order and judgment, and the amended judgment, including the transfer of the subject property, pending hearing and determination of the appeals and cross-appeal. Cross-motion to dismiss the appeal from the amended judgment on the ground that the dismissal of a prior appeal for failure to timely perfect precludes consideration of the issues to be raised on the appeal from the amended judgment pursuant to Bray v Cox (38 NY2d 350).

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

ORDERED that the motion to vacate the dismissals of the appeals from the orders dated March 11, 2024, April 10, 2024, and the order and judgment, is granted, the dismissal of those appeals pursuant to 22 NYCRR 1250.10(a) is vacated, and on or before March 31, 2025, the appellants shall and serve and file the records or appendices and the appellants' briefs via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the records or appendices and the appellants' briefs and upload digital copies of the records or appendices and the appellants' briefs, with proof of service thereof, through the digital portal on this Court's website; and it is further,

ORDERED that the motion, inter alia, to stay enforcement of the orders, the order and judgment, and the amended judgment, including the transfer of the subject property, pending hearing and determination of the appeals and cross-appeal is denied; and it is further,

ORDERED that the cross-motion is denied.

GENOVESI, J.P., FORD, WAN and MCCORMACK, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court