Appellate Division, First Department: December 18, 2023

Motion List released on:December 14, 2023

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By Renwick, P.J., Singh, Kennedy, Shulman, Rodriguez III, JJ.

651145/21. 979 SECOND AVENUE LLC, plf-res, v. YUE WAH CHAO, ALSO KNOWN AS WINNIE CHAO, def-app — An appeal having been taken to this Court from an order of the Supreme Court, New York County, entered on or about January 12, 2023 (Case No. 2023-03611) and an appeal having been taken to this Court from an order, same court, entered on or about June 06, 2023 (Case No. 2023-05429), And defendant-appellant having moved for an order, (1) to the extent the appeal under Case No. 2023-03611 has been deemed dismissed, vacating the dismissal, and, upon vacatur, for an extension of time to perfect same, (2) consolidating the appeals under Case Nos. 2023-03611 and 2023-05429, and (3) deeming the pro se notice of appeals under Case Nos. 2023-03611 and 2023-05429 to reflect the correct dates of the orders from which the appeals are taken and to otherwise deem any errors therein di minimis (Motion No. 2023-04882), And defendant-appellant having moved separately to stay enforcement of a judgment entered on March 17, 2022, pending hearing and determination of the aforesaid appeals (Motion No. 2023-04940), Now, upon reading and filing the papers with respect to the motions, and due deliberation having been had thereon, It is ordered that Motion No. 2023-04882 is granted to the extent of deeming the notice of appeal under Case No. 2023-03611 to reflect the correct date of the order appealed from and disregarding de minimis errors, and extending the time to perfect the appeal under Case No. 2023-03611 to the May 2024 Term of this Court. Sua sponte, the appeal under Case No. 2023-05429 is dismissed as untimely, and that branch of the motion seeking consolidation is accordingly denied as moot (Motion No. 2023-04882). It is further ordered that defendant’s motion seeking a stay of enforcement of the judgment entered on March 17, 2022, is denied (Motion No. 2023-04940).

Appellate Division, First Department: December 18, 2023

Motion List released on:December 14, 2023

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