Appellate Division: Second Judicial Department

M185674

E/ct

REINALDO E. RIVERA, J.P.

L. PRISCILLA HALL

LEONARD B. AUSTIN

JEFFREY A. COHEN, JJ.

2014-04816, 2014-09863 Jeffrey Hatter, plaintiff-respondent, v Bob Myerson, defendant second third- party plaintiff-appellant-respondent, Fuscaldo Enterprises, Ltd., defendant third-party plaintiff-respondent-appellant, Hudson Valley Tru Contracting, Inc., defendant third third-party plaintiff- respondent-appellant, Rhinebeck Tennis Club, LLC, defendant-respondent, et al., defendants; Mid-Steel Construction Company, third-party/second third-party defendant-respondent-appellant; Steel Built Corporation, et al., third third-party defendants-respondents-appellants, et al., third third-party defendants. (Index No. 17045/10)

DECISION & ORDER ON MOTION

Motion by Steel Built Corporation and Straight Steel Sales Corp. to consolidate appeals from two orders of the Supreme Court, Westchester County, dated March 31, 2014, and September 24, 2014, respectively, and to enlarge the parties' time to serve and file certain briefs.

Upon the papers filed in support of the motion and the papers filed in relation thereto, it is

ORDERED that the branch of the motion which is to consolidate the appeals and cross appeals is denied; and it is further,

ORDERED that on the Court's own motion the appeals shall be calendared together and shall be argued or submitted on the same day; and it is further,

ORDERED that the branch of the motion which is to enlarge the parties' time to serve and file certain briefs on the appeals and cross appeals from the order dated March 31, 2014, is granted; and it is further,

ORDERED that the respondent-appellant Fuscaldo Enterprises, Ltd, shall serve and file its answering brief, including the points of argument on the cross appeal, on or before February 17, 2015 (see 22 NYCRR 670.8[c][3]); and it is further,

ORDERED that the respondent-appellant Mid-Steel Construction Company and the respondents-appellants Steel Built Corporation and Straight Steel Sales Corp., shall serve and file their respective answering briefs, including the points of argument on their cross appeals, on or before March 24, 2015 (see 22 NYCRR 670.8[c][3]); and it is further,

ORDERED that the respondent-appellant Hudson Valley Tru Contracting, Inc., shall serve and file its answering brief, including the points of argument on the cross appeal, on or before April 28, 2015 (see 22 NYCRR 670.8[c][3]); and it is further,

ORDERED that the plaintiff-respondent and the defendant-respondent shall serve and file their briefs on or before June 2, 2015; and it is further,

ORDERED that the appellant-respondent shall serve and file its reply brief on or before June 6, 2015; the respondents-appellant Fuscaldo Enterprises, Ltd, shall serve and file its reply brief on or before June 21, 2015; the respondent-appellant Mid-Steel Construction Company and the respondents-appellants Steel Built Corporation and Straight Steel Sales Corp., shall serve and file their respective reply briefs on or before July 6, 2015; and the respondent-appellant Hudson Valley Tru Contracting, Inc., shall serve and file its reply brief on or before July 21, 2015.

RIVERA, J.P., HALL, AUSTIN and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court