Appellate Division: Second Judicial Department

M305535

AFA/

VALERIE BRATHWAITE NELSON, J.P.

WILLIAM G. FORD

HELEN VOUTSINAS

LAURENCE L. LOVE, JJ.

2023-06233 Bank of New York Mellon, etc., respondent, v Karen Khan, appellant, et al., defendants. (Index No. 53768/2019)

DECISION & ORDER ON MOTION

2024-02477

In the Matter of Karen Khan, appellant,

v Board of Managers of Greenbriar

Condominium Association, et al.,

respondents-respondents, et al., respondent.

(Index No. 80009/2023)

2024-05350

Bank of New York Mellon, respondent,

v Karen Khan, appellant, et al., defendants.

(Index No. 52592/2023)

2024-05592

In the Matter of Karen Khan, appellant,

v Board of Managers of Greenbriar

Condominium Association, et al.,

respondents-respondents, et al., respondent.

(Index No. 80009/2023)

2024-07721

Bank of New York Mellon, etc., respondent,

v Karen Khan, appellant, et al., defendants.

(Index No. 52592/2023)

Appeals from five orders of the Supreme Court, Dutchess County, dated May 26, 2023, February 23, 2024, June 20, 2024, June 28, 2024, and August 2, 2024, respectively. The appeal from the order dated May 26, 2023, was deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by the appellant, inter alia, for waiver of costs, fees and expenses on the appeal from the order dated May 26, 2023, and to extend the time to perfect the appeal from the order dated May 26, 2023. Separate motion by the appellant, inter alia, for waiver of costs, fees and expenses on the appeals from the orders dated February 23, 2024, and June 28, 2024, to consolidate the appeals from the orders dated May 26, 2023, February 23, 2024, and June 28, 2024, or in the alternative, to calendar and hear the appeals together, and to extend the time to perfect the appeals from the orders dated May 26, 2023, February 23, 2024, and June 28, 2024. Separate motion by the appellant, inter alia, for waiver of costs, fees and expenses on the appeals from the orders dated June 20, 2024, and August 2, 2024, to stay enforcement of the order dated May 26, 2023, to stay stated portions of the orders dated June 20, 2024, and August 2, 2024, to consolidate the appeals from the orders dated May 26, 2023, February 23, 2024, June 20, 2024, June 28, 2024, and August 2, 2024, and to extend the time to perfect the appeals.

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

ORDERED that the branches of the motions which are for waiver of costs, fees and expenses on the appeal from the order dated May 26, 2023, to extend the time to perfect the appeal from the order dated May 26, 2023, and to consolidate the appeal from the order dated May 26, 2023, with the appeals from the orders dated February 23, 2024, June 20, 2024, June 28, 2024, and August 2, 2024, are denied as academic; and it is further

ORDERED that the branches of the motions which are to consolidate the appeals from the orders dated February 23, 2024, and June 28, 2024, are denied as unnecessary as those appeals may be consolidated as of right (see 22 NYCRR 1250.9[f][3]); and it is further,

ORDERED that the branches of the motions which are to consolidate the appeals from the orders dated June 20, 2024, and August 2, 2024, are denied as unnecessary as those appeals may be consolidated as of right (see 22 NYCRR 1250.9[f][3]); and it is further,

ORDERED that the branches of the motions which are to extend the time to perfect the appeals from the orders dated February 23, 2024, and June 28, 2024, are granted and on or before August 4, 2025, the appellant shall 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 which is to extend the time to perfect the appeals from the orders dated June 20, 2024, and August 2, 2024, is granted and on or before August 4, 2025, the appellant shall 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 motions are otherwise denied.

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

ENTER:

Darrell M. Joseph

Clerk of the Court