Appellate Division: Second Judicial Department

M305538

ID/

VALERIE BRATHWAITE NELSON, J.P.

WILLIAM G. FORD

HELEN VOUTSINAS

LAURENCE L. LOVE, JJ.

2024-08599 Alex Collado, appellant, v 215 West 28th Street Property Owner LLC, et al., defendants, EE Cruz & Company Inc., respondent. (Index No. 726747/2021)

DECISION & ORDER ON MOTION

2024-11776

Alex Collado, appellant, v 215 West 28th

Street Property Owner LLC, et al., defendants,

Triton Construction Company, LLC, respondent

(and a third-party action).

(Index No. 726747/2021)

Appeals from two orders of the Supreme Court, Queens County, dated May 10, 2024, and October 2, 2024. The appeal from the order dated May 10, 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 May 10, 2024, to consolidate the appeals, and to extend the time to perfect the appeals.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branch of the motion which is to vacate the dismissal of the appeal from the order dated May 10, 2024, is denied; 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 October 2, 2024, is granted, and on or before July 2, 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 motion is otherwise denied as academic.

BRATHWAITE NELSON, J.P., FORD, VOUTSINAS and LOVE, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court