Sanchez v Lincoln Center for Performing Arts, Inc.
Motion No: 2013-00207
Slip Opinion No: 2013 NY Slip Op 74187(U)
Decided on May 17, 2013
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M156406

E/sl

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON, JJ.

2013-00207

Carmelo Sanchez, et al., respondents-appellants,

v Lincoln Center for Performing Arts, Inc., et al.,

defendants third-party/second third-party plaintiffs-

respondents-appellants, RC Dolner, Inc., defendant-

respondent-appellant, Turner Construction Company,

defendant second third-party defendant-respondent,

et al., defendant; Structural Contracting Services, Inc.,

third-party defendant-appellant-respondent, Wolkow

Braker Roofing Corp., third-party defendant-respondent.

(Index No. 22872/09)

DECISION & ORDER ON MOTION

Application by Carmelo Sanchez and Ada Sanchez on an appeal and cross appeals from an order of the Supreme Court, Queens County, entered October 15, 2012, pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect their appeal.

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

ORDERED that on the Court's own motion, the appeal by Structural Contracting Services, Inc., is dismissed, without costs or disbursements, for failure to timely perfect in accordance with the rules of this Court (see 22 NYCRR 670.8[e]); and it is further,

ORDERED that the application is granted; and it is further,

ORDERED that the applicants' time to perfect their appeal is enlarged until July 11, 2013, and the joint record or appendix on the appeal (see 22 NYCRR 670.8[c][1]) and the applicants' brief must be served and filed on or before that date; and it is further,

ORDERED that the defendants third-party/second third-party plaintiffs-respondents-appellants and the defendant-respondent-appellant shall serve and file their respective answering briefs, including the points of argument on the cross appeals, in accordance with the rules of this Court (see 22 NYCRR 670.8[c][3]).

ENG, P.J., MASTRO, RIVERA, SKELOS and DILLON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court