Filenger v Harway Terrace, Inc.
Motion No: 2024-13202
Slip Opinion No: 2025 NY Slip Op 81343(U)
Decided on November 26, 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

M309583

ID/

COLLEEN D. DUFFY, J.P.

FRANCESCA E. CONNOLLY

LAURENCE L. LOVE

SUSAN QUIRK, JJ.

2024-13202

ADA Filenger, appellant, v Harway Terrace,

Inc., respondent, et al., defendants.

(Index No. 523476/2019)

DECISION & ORDER ON MOTION

2025-03017

ADA Filenger, appellant, v Harway Terrace,

Inc., defendant, Pratt Construction

& Restoration, Inc., respondent.

(Index No. 530292/2024)

2025-03913

ADA Filenger, appellant, v Harway Terrace,

Inc., respondent, et al., defendant.

(Index No. 530292/2024)

Appeals from three orders of the Supreme Court, Kings County, dated November 8, 2024, February 7, 2025, and February 14, 2025, respectively, which were 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 appeals, in effect, to enlarge the time to perfect the appeals, and to consolidate the appeals.

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

ORDERED that the branches of the motion which are pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the appeals and, in effect, to enlarge the time to perfect the appeals are granted and on or before December 26, 2025, the appellant shall serve and file the records or appendices and the appellant's 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 records or appendices and the appellant's briefs, 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.

DUFFY, J.P., CONNOLLY, LOVE and QUIRK, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court