| Cadlerock Joint Venture, L.P. v Trombley |
| Motion No: 2014-06300 |
| Slip Opinion No: 2015 NY Slip Op 73501(U) |
| Decided on May 19, 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. |
Appellate Division: Second Judicial Department
M192596
S/sl
PETER B. SKELOS, J.P.
JOHN M. LEVENTHAL
JOSEPH J. MALTESE
COLLEEN D. DUFFY, JJ.
|
2014-06300, 2014-11522 Cadlerock Joint Venture, L.P., respondent, v Jane Trombley, et al., defendants, Howard Anders, et al., appellants. (Appeal No. 1) Cadlerock Joint Venture, L.P., appellant- respondent, v Jane Trombley, et al., defendants, Howard Anders, respondent-appellant. (Appeal No. 2)
(Index No. 601613/12)
| DECISION & ORDER ON MOTION |
On the Court's own motion, it is
ORDERED that the decision and order on motion of this Court dated April 17, 2015, in the above-entitled appeals is recalled and vacated and the following decision and order on motion is substituted therefor:
Joint motion by Howard Anders and Paula Holder on their separate appeals from an order of the Supreme Court, Nassau County, entered June 2, 2014, and an appeal by Cadlerock Joint Venture, L.P., from a judgment of the same court entered September 15, 2014, to deem their notices of appeal from the order to be notices of cross appeal from the judgment, to consolidate the appeals, and to enlarge the time to perfect the appeals.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted, the notices of appeal are deemed to also be notices of cross appeal from so much of the judgment entered September 15, 2014, as was entered upon the order entered June 2, 2014 (see CPLR 5501[c]), the time for Cadlerock Joint Venture, L.P., to perfect the appeal from the judgment is enlarged until June 15, 2015, the joint record or appendix (see 22 NYCRR 670.8[c][1]) and the brief of Cadlerock Joint Venture, L.P., must be served and filed on or before that date, Howard Anders and Paula Holder shall serve and file their answering briefs, including points of argument on the cross appeals, in accordance with the rules of the Court (see 22 NYCRR 670.8[c][3]),
SKELOS, J.P., LEVENTHAL, MALTESE and DUFFY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court