Appellate Division: Second Judicial Department

M303997

AFA/

MARK C. DILLON, J.P.

VALERIE BRATHWAITE NELSON

BARRY E. WARHIT

LAURENCE L. LOVE, JJ.

2024-06203 Larrieux Aladin, et al., respondents, v Kensington Insurance Company, appellant. (Index No. 537833/2022)

DECISION & ORDER ON MOTION

2024-08315

Larrieux Aladin, et al., respondents,

v Kensington Insurance Company, appellant.

(Index No. 537833/2022)

Appeals from two orders of the Supreme Court, Kings County, dated February 5, 2024, and April 22, 2024, respectively. The order dated February 5, 2024, 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 February 5, 2024, in effect, to consolidate the appeals, and to extend the time to perfect the appeals.

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

ORDERED that the branch of the motion which is to vacate the dismissal of the appeal from the order dated February 5, 2024, is granted, and the dismissal of the appeal from the order dated February 5, 2024, pursuant to 22 NYCRR 1250.10(a) is vacated; and it is further,

ORDERED that the branch of the motion which is to extend the time to perfect the appeals is granted, and on or before April 30, 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 it is further,

ORDERED that the branch of the motion to consolidate the appeals is denied as unnecessary as the appeals may be consolidated as of right (see 22 NYCRR 1250.9[f][3]).

DILLON, J.P., BRATHWAITE NELSON, WARHIT and LOVE, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court