Appellate Division: Second Judicial Department

M309156

AFA/

COLLEEN D. DUFFY, J.P.

PAUL WOOTEN

PHILLIP HOM

ELENA GOLDBERG VELAZQUEZ, JJ.

2023-11148 Nimkoff Rosenfeld & Schechter, LLP, respondent, v Levi Heber, et al., appellants. (Index No. 509372/2021)

DECISION & ORDER ON MOTION

2024-08675

Nimkoff Rosenfeld & Schechter, LLP,

respondent, v Levi Heber, appellant, et al.,

defendant.

(Index No. 509372/2021)

2024-08681

Nimkoff Rosenfeld & Schechter, LLP,

respondent, v Levi Heber, appellant, et al.,

defendant.

(Index No. 509372/2021)

Appeals from two orders of the Supreme Court, Kings County, dated August 1, 2023, and July 23, 2024, respectively, and from a warrant of arrest of the same court dated May 22, 2024. The appeal from the order dated August 1, 2023, was deemed dismissed pursuant to 22 NYCRR 1250.10(a). The appeal from the warrant of arrest was dismissed by decision and order on motion of this Court dated February 19, 2025, on the ground that no appeal lies from a warrant of arrest. Motion by Levi Herber and Jewelry 2000, Inc., pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the appeal from the order dated August 1, 2023, to extend the time to perfect the appeals from the orders, and to consolidate the appeals from the orders.

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

ORDERED that the branch of the motion which is to vacate the dismissal of the appeal from the order dated August 1, 2023, is granted, and the dismissal of the appeal from the order dated August 1, 2023, 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 from the orders is denied; and it is further,

ORDERED that on the Court's own motion, the appeals from the orders will be calendared together and will be argued or submitted on the same date; and it is further,

ORDERED that the branch of the motion which is to extend the time to perfect the appeals from the orders is granted, and on or before December 8, 2025, the appellants shall and serve and file the records or appendices and the appellants' respective briefs via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the records or appendices and the appellant's briefs and upload digital copies of the record or appendices and the appellants' respective briefs, with proof of service thereof, through the digital portal on this Court's website.

DUFFY, J.P., WOOTEN, HOM and GOLDBERG VELAZQUEZ, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court