Appellate Division: Second Judicial Department

M311139

ID/

COLLEEN D. DUFFY, J.P.

LARA J. GENOVESI

CHERYL E. CHAMBERS

LINDA CHRISTOPHER, JJ.

2021-00695 Thomas F. Liotti, et al., appellants, v Alfonse D'Amato, et al., respondents. (Index No. 614680/2019)

DECISION & ORDER ON MOTION

2021-06746

Thomas F. Liotti, et al., appellants,

v Alfonse D'Amato, et al., respondents.

(Index No. 614680/2019)

2021-07406

Thomas F. Liotti, et al., appellants,

v Alfonse D'Amato, et al., respondents.

(Index No. 614680/2019)

2021-00802

David M. Smith, respondent, v Susanne Gold,

defendant, Thomas F. Liotti, appellant.

(Index No. 605069/2018)

2021-09304

David M. Smith, respondent, v Susanne Gold,

defendant third-party defendant-respondent,

Thomas F. Liotti, defendant third-party plaintiff-

appellant.

(Index No. 605069/2018)

Appeals from five orders of the Supreme Court, Nassau County, dated December 30, 2020 (two orders), August 16, 2021, September 10, 2021, and November 23, 2021. The appeals from the orders dated December 30, 2020, and August 16, 2021, have been deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by the appellants, inter alia, for leave to renew and reargue their prior motions which were determined by decision and order on motion of this Court dated January 21, 2022, to vacate the dismissal of the appeals from the orders dated December 30, 2020, to consolidate the appeals, in effect, for waiver of costs, fees and expenses, and to extend the time to perfect the appeals. Cross-motion by Susanne Gold to impose sanctions upon the appellants. Cross-motion by David Smith to impose sanctions upon the appellants. Cross-motion by Alfonse D'Amato to impose sanctions upon the appellants. Cross-motion by James M. Catterson, in effect, to dismiss the appeals from the orders dated December 30, 2020, and August 16, 2021, and to impose sanctions upon the appellants.

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 renew and reargue the appellants' prior motions are denied; and it is further,

ORDERED that the branches of the motion which are to vacate the dismissal of the appeals from the orders dated December 30, 2020, and to extend the time to perfect those appeals are denied; and it is further,

ORDERED that the branch of the motion which is to consolidate the appeals from the orders dated December 30, 2020, under Appellate Division Docket No. 2021-00695, August 16, 2021, and September 10, 2021, is denied as academic; and it is further,

ORDERED that the branch of the motion which is to consolidate the appeals from the orders dated December 30, 2020, under Appellate Division Docket No. 2021-00802, and November 23, 2021, is denied as academic; and it is further,

ORDERED that the branch of the motion which is to consolidate the appeals from the orders dated September 10, 2021, and November 23, 2021, is denied; and it is further,

ORDERED that the branch of the motion which is to extend the time to perfect the appeals from the orders dated September 10, 2021, and November 23, 2021, is granted, and on or before March 6, 2026, the appellants shall serve and file the records or appendices and the appellants' briefs via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the records or appendices and the appellants' briefs and upload digital copies of the records or appendices and the appellants' briefs, with proof of service thereof, through the digital portal on this Court's website; 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 August 16, 2021, and, in effect, for waiver of costs, fees and expenses with respect to the appeals from the orders dated December 30, 2020, and August 16, 2021, are denied as academic; and it is further,

ORDERED the branch of the cross-motion by James M. Catterson which is, in effect, to dismiss the appeals from the orders dated December 30, 2020, and August 16, 2021, is denied as academic; and it is further,

ORDERED the motion and cross-motions are otherwise denied.

DUFFY, J.P., GENOVESI, CHAMBERS and CHRISTOPHER, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court