Appellate Division: Second Judicial Department

M307881

AFA/

COLLEEN D. DUFFY, J.P.

ROBERT J. MILLER

DONNA-MARIE E. GOLIA

ELENA GOLDBERG VELAZQUEZ, JJ.

2024-13327 Vinu Jacob, appellant-respondent, v North Merrick Fire Department, et al., defendants-respondents, Town of Hempstead, respondent-appellant, et al., defendants. (Index No. 607516/2022)

DECISION & ORDER ON MOTION

2024-13335

Andrew Oppenheimer, appellant-respondent,

v North Merrick Fire Department, et al.,

defendants-respondents, Town of

Hempstead, respondent-appellant, et al.,

defendants.

(Index No. 607514/2022)

Appeals and cross-appeals from two orders of the Supreme Court, Nassau County, both dated October 22, 2024. The appeal under Appellate Division Docket No. 2024-13327 was deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by Vinu Jacob pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of his appeal and to extend the time to perfect his appeal. Separate motion by Vinu Jacob to consolidate the appeals and to extend the time to perfect his appeal. Motion by Andrew Oppenheimer to consolidate the appeals and to extend the time to perfect his appeal.

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

ORDERED that the motion by Vinu Jacob to vacate the dismissal of the appeal under Appellate Division Docket No. 2024-13327, and the branch of the motion by Vinu Jacob which is to extend the time to perfect his appeal, are granted, the dismissal of the appeal pursuant to 22 NYCRR 1250.10(a) is vacated, and on or before October 15, 2025, Vinu Jacob shall serve and file the joint record or appendix and his appellant's brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the joint record or appendix and his appellant's brief and upload digital copies of the joint record or appendix and his 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 by Andrew Oppenheimer which is to extend the time to perfect his appeal is granted, and on or before October 15, 2025, Andrew Oppenheimer shall serve and file the joint record or appendix and his appellant's brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the joint record or appendix and his appellant's brief and upload digital copies of the joint record or appendix and his appellant's brief, with proof of service thereof, through the digital portal on this Court's website; and it is further,

ORDERED that no further extensions of time shall be granted to Vinu Jacob or Andrew Oppenheimer to perfect their respective appeals; and it is further,

ORDERED that the motions are otherwise denied; and it is further,

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

DUFFY, J.P., MILLER, GOLIA and GOLDBERG VELAZQUEZ, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court