Appellate Division: Second Judicial Department

M312193

ID/

ANGELA G. IANNACCI, J.P.

PAUL WOOTEN

LOURDES M. VENTURA

LISA S. OTTLEY, JJ.

2025-03288 Mitchell Fried, respondent, v White Plains Public School District, et al., defendants, Board of Education of White Plains City School District, appellant. (Index No. 63833/2023)

DECISION & ORDER ON MOTION

2025-04591

Mitchell Fried, respondent, v White Plains

Public School District, et al., appellants.

(Index No. 63833/2023)

Appeals from two orders of the Supreme Court, Westchester County, dated January 22, 2025, and February 24, 2025. The appeal from the order dated January 22, 2025, was deemed dismissed pursuant to 22 NYCRR 1250.10(c). Motion by Board of Education of White Plains City

School District pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the appeal from the order dated January 22, 2025, to consolidate the appeals, and to extend the time to perfect its appeals. Motion by White Plains Public School District to extend the time to perfect its appeal from the order dated February 24, 2025.

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

ORDERED that the branches of the motion by Board of Education of White Plains City School District which are pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the appeal from the order dated January 22, 2025, and to extend the time to perfect the appeal from the order dated January 22, 2025, is granted, and the dismissal of the from the order dated January 22, 2025, pursuant to 22 NYCRR 1250.10(a) is vacated, and on or before April 24, 2026, Board of Education of White Plains City School District shall and 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; and it is further,

ORDERED that the branch of the motion by Board of Education of White Plains City School District 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; and it is further,

ORDERED that the branch of the motion by Board of Education of White Plains City School District and the motion by White Plains Public School District which are to extend the time to perfect the appeals from the order dated February 24, 2025, are granted, and on or before April 24, 2026, the Board of Education of White Plains City School District and White Plains Public School District shall and serve and file the joint record or appendix and their respective appellant's briefs via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the joint record or appendix and the appellant's briefs and upload digital copies of the joint record or appendix and the appellant's briefs, with proof of service thereof, through the digital portal on this Court's website.

IANNACCI, J.P., WOOTEN, VENTURA and OTTLEY, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court