| MCLP Asset Company Inc. v Moran |
| Motion No: 2024-10772 |
| Slip Opinion No: 2025 NY Slip Op 79424(U) |
| Decided on October 29, 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. |
Appellate Division: Second Judicial Department
M308936
AFA/
COLLEEN D. DUFFY, J.P.
DEBORAH A. DOWLING
LILLIAN WAN
PHILLIP HOM, JJ.
|
2024-10772 MCLP Asset Company, Inc., respondent, v Wilber Moran, et al., defendants, Windward Bora LLC, appellant. (Index No. 34113/2023)
| DECISION & ORDER ON MOTION |
2025-07713
MCLP Asset Company, Inc., respondent,
v Wilber Moran, et al., defendants,
Windward Bora LLC, appellant.
(Index No. 34113/2023)
Appeals from two orders of the Supreme Court, Rockland County, dated September 23, 2024, and May 27, 2025, respectively. The appeal from order dated September 23, 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 September 23, 2024. Separate motion by the appellant to consolidate the appeals and to extend the time to perfect the appeals.
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 to vacate the dismissal of the appeal from the order dated September 23, 2024, is granted, the dismissal of the appeal from the order dated September 23, 2024, pursuant to 22 NYCRR 1250.10(a) is vacated; and it is further,
ORDERED that the branch of the motion which is to consolidate the appeals is denied as unnecessary as the appeals may be consolidated as of right (see 22 NYCRR 1250.9[f][3]); 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 December 29, 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.
DUFFY, J.P., DOWLING, WAN and HOM, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court