Weininger v Deutsche Bank National Trust Company
Motion No: 2024-06628
Slip Opinion No: 2025 NY Slip Op 70282(U)
Decided on June 4, 2025
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M305586

AFA/

ANGELA G. IANNACCI, J.P.

CHERYL E. CHAMBERS

JANICE A. TAYLOR

JAMES P. MCCORMACK, JJ.

2024-06628

William Weininger, et al., respondents,

v Deutsche Bank National Trust Company,

etc., appellant, et al., defendants.

(Index No. 54420/2020)

DECISION & ORDER ON MOTION

2024-06973

Deutsche Bank National Trust Company,

etc., appellant, v William Weininger, etc.,

et al., respondents, et al., defendants.

(Index No. 58034/2023)

Appeals from two orders of the Supreme Court, Westchester County, dated May 30, 2024, and June 27, 2024, respectively. The appeal from the order dated May 30, 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 May 30, 2024, to extend the time to perfect the appeal from the order dated May 30, 2024, and to consolidate the appeals.

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

ORDERED that the branches of the motion which are to vacate the dismissal of the appeal from the order dated May 30, 2024, and extend the time to perfect the appeal from the order dated May 30, 2024, are granted, the dismissal of the appeal from the order dated May 30, 2024, pursuant to 22 NYCRR 1250.10(a) is vacated, and on or before July 7, 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 which is to consolidate the appeals is denied; and it is further,

ORDERED that on the Court's own motion, the appeals will be calendared together and will be argued or submitted on the same date.

IANNACCI, J.P., CHAMBERS, TAYLOR and MCCORMACK, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court