Appellate Division: Second Judicial Department

M311079

ID/

VALERIE BRATHWAITE NELSON, J.P.

LILLIAN WAN

LAURENCE L. LOVE

ELENA GOLDBERG VELAZQUEZ, JJ.

2025-03874 Michael N. Connors, etc., appellant, v Plattduetsche Altenheim Gesellschaft Von Brooklyn Und Umgegend, Inc., etc., respondent. (Index No. 613888/2023)

DECISION & ORDER ON MOTION

2025-05306

Michael N. Connors, etc., appellant,

v Plattduetsche Altenheim Gesellschaft

Von Brooklyn Und Umgegend, Inc., etc.,

respondent.

(Index No. 613888/2023)

2025-10526

Michael N. Connors, etc., appellant,

v Plattduetsche Altenheim Gesellschaft

Von Brooklyn Und Umgegend, Inc., etc.,

respondent.

(Index No. 613888/2023)

Appeals from two orders of the Supreme Court, Nassau County, dated February 28, 2025, and August 6, 2025, and a judgment of the same court, dated April 4, 2025. 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 motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that on the Court's own motion, the appeal from the order dated February 28, 2025, is dismissed, without costs or disbursements, on the ground that the right of direct appeal from that order terminated upon entry in the above-entitled action of the judgment (see Matter of Aho, 39 NY2d 241); and it is further,

ORDERED that the branches of the motion which are to extend the time to perfect the appeal from the order dated February 28, 2025, and to consolidate the appeal from the order dated February 28, 2025, with the appeals from the order dated August 6, 2025, and the judgment are denied as academic; and it is further,

ORDERED that the branch of the motion to consolidate the appeal from the order dated August 6, 2025, with the appeal from the judgment is denied as unnecessary as the appeals may be consolidated as of right (see 22 NYCRR 1250.9[f][3]); and is it further,

ORDERED that the branch of the motion which is to extend the time to perfect the appeal from the order dated August 6, 2025, and the appeal from the judgment is granted, and on or before March 6, 2026, the appellant shall 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.

BRATHWAITE NELSON, J.P., WAN, LOVE and GOLDBERG VELAZQUEZ, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court