Mason Builders, LLC v Ko-Bar Electric Contracting Corp.
Motion No: 2014-08627
Slip Opinion No: 2015 NY Slip Op 73232(U)
Decided on May 15, 2015
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

M192131

E/ct

REINALDO E. RIVERA, J.P.

JEFFREY A. COHEN

SYLVIA O. HINDS-RADIX

BETSY BARROS, JJ.

2014-08627

Mason Builders, LLC, appellant, v Ko-Bar

Electric Contracting Corp., et al., defendants,

Europa Electric of New York Corp., respondent.

(Appeal No. 1)

(Index No. 26428/10)

DECISION & ORDER ON MOTION

2015-02701

Mason Builders, LLC, appellant, v Ko-Bar

Electric Contracting Corp., et al., defendants,

Evangelina Aprilakis, respondent.

(Appeal No. 2)

(Index No. 26428/10)

Motion by the appellant to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated June 25, 2014, to consolidate that appeal with an appeal from an order of the same court dated January 13, 2015, and to waive service of all papers upon certain parties who are not parties to the appeals.

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

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal from the order dated June 25, 2014, is granted, the appellant's time to perfect that appeal is enlarged until July 14, 2015, and the record or appendix and the appellant's brief must be served and filed on or before that date; and it is further,

ORDERED that the branch of the motion which is to consolidate the appeals is denied as unnecessary as the appeals may be consolidated as of right (see 22 NYCRR 670.7[c][1]); and it is further,

ORDERED that the branch of the motion which is to waive service of all papers upon certain parties who are not to the appeals is denied as unnecessary.

RIVERA, J.P., COHEN, HINDS-RADIX and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court