Appellate Division: Second Judicial Department

M309832

AFA/

BETSY BARROS, J.P.

CHERYL E. CHAMBERS

LILLIAN WAN

SUSAN QUIRK, JJ.

2024-10232 Robert Amabile, etc., et al., appellants-respondents, v Leslie Honikman, etc., et al., respondents-appellant New York Community Hospital, et al., defendants-respondents. (Index No. 509939/2019)

DECISION & ORDER ON MOTION s,

2024-12113

Robert Amabile, etc., et al., appellants,

v Leslie Honikman, etc., et al., respondents.

(Index No. 509939/2019)

Appeal and cross-appeal from an order of the Supreme Court, Kings County, dated September 4, 2024, and appeal from a judgment of the same court dated September 26, 2024. The appeal from the judgment was deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by Robert Amabile, as executrix of the estate of Carmine Amabile, deceased, and Giacamina Amabile pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the appeal from the judgment, to extend the time to perfect the appeals, 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 judgment and to extend the time to perfect that appeal are granted, the dismissal of the appeal from the judgment pursuant to 22 NYCRR 1250.10(a) is vacated, and on or before January 5, 2025, the appellants shall and serve and file the record or appendix and the appellants' brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the record or appendix and the appellants' briefs and upload digital copies of the record or appendix and the appellants' 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 extend the time to perfect the appeal from the order is granted, and on or before January 5, 2026, the appellants-respondents shall serve and file the joint record or appendix and the appellants-respondents' brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the joint record or appendix and the appellants-respondents' brief and upload digital copies of the joint record or appendix and the appellants-respondents' 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.

BARROS, J.P., CHAMBERS, WAN and QUIRK, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court