Appellate Division: Second Judicial Department

M173220

E/sl

REINALDO E. RIVERA, J.P.

JOHN M. LEVENTHAL

SYLVIA O. HINDS-RADIX

JOSEPH J. MALTESE, JJ.

2013-06074 DECISION & ORDER ON MO plaintiffs-appellants, v Perfect Renovation Corp., et al., defenda respondents, Nadav Mazor, et al., defenda third-party plaintiffs-respondents, et al., de Pulaski-Sirota Associates, etc., third-party defendant-appellant. (Index No. 2939/09)

TION Diane Welsh, et al., nts- nts fendants;

Motion by the third-party defendant-appellant to amend the caption on appeals from an order of the Supreme Court, Kings County, dated April 29, 2013, to reflect that a temporary administrator has been appointed to represent it. Separate motion by the defendants Richard Alan Goodstein and Richard Alan Goodstein Architect, PLLC, for leave to serve and file a brief, or, in the alternative, to strike the portions of the brief filed by the plaintiffs-appellants that raise issues concerning them. Application by the respondents Beyond Perfect Painting, Inc., doing business as Perfect Renovation, and Nadav Mazor pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief. By order to show cause dated March 19, 2014, the parties or their attorneys were directed to show cause before this Court why an order should or should not be made and entered vacating the order dated April 29, 2013, as a nullity, with respect to so much of the order as determined the third-party defendant-appellant's motion and/or dismissing the appeal from that portion of the order, and the motions and the application were held in abeyance in the interim.

Now, upon the order to show cause and the papers filed in response thereto, upon the papers filed in support of the motion by the third-party defendant-appellant and no papers having been filed in opposition or in relation thereto, upon the papers filed in support of the motion by the defendants Richard Alan Goodstein and Richard Alan Goodstein Architect, PLLC, and the papers filed in opposition thereto, and 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 the motion to dismiss the appeal taken by the third-party defendant-appellant is granted, the brief filed by the third-party defendant-appellant is stricken, the appeal taken by the third-party defendant-appellant, is dismissed without costs or disbursements, so much of the order dated April 29, 2013, as denied the third-party defendant-appellant's motion is vacated, and the motion by the third-party defendant-appellant to amend the caption is dismissed (see CPLR 1015; Matter of Einstoss, 26 NY2d 181); and it is further,

ORDERED that the branch of the motion by the defendants Richard Alan Goodstein and Richard Alan Goodstein Architect, PLLC, which is for leave to serve and file a brief is denied; and it is further,

ORDERED that the branch of the motion by the defendants Richard Alan Goodstein and Richard Alan Goodstein Architect, PLLC, which is to strike the portions of the brief filed by the plaintiffs-appellants that raise issues concerning them is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; and it is further,

ORDERED that the application is granted, the time of the respondents Beyond Perfect Painting, Inc., doing business as Perfect Renovation, and Nadav Mazor to serve and file a brief is enlarged until May 29, 2014, and the brief of the respondents Beyond Perfect Painting, Inc., doing business as Perfect Renovation, and Nadav Mazor must be served and filed on or before that date.

RIVERA, J.P., LEVENTHAL, HINDS-RADIX and MALTESE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court