Appellate Division: Second Judicial Department

M195040

E/ct

MARK C. DILLON, J.P.

CHERYL E. CHAMBERS

LEONARD B. AUSTIN

SANDRA L. SGROI, JJ.

2014-10851, 2015-02661 Nelson Poalacin, appellant-respondent, v Mall Properties, Inc., et al., defendants third-party plaintiffs-respondents-appellants; APCO Insulation Co. Inc., et al., third-party defendant- respondent-appellant. (Index No. 700446/12)

DECISION & ORDER ON MOTION

Motion by Nelson Poalacin to enlarge the time to perfect his appeal from an order of the Supreme Court, Queens County, dated October 1, 2014, to consolidate the appeal with appeals and cross appeals from an order of the same court entered January 28, 2015, and for an expedited briefing schedule.

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 enlarge the time to perfect the appeal from the order dated October 1, 2014 is granted, and the appellant's time to perfect that appeal is enlarged until July 30, 2015; 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 for an expedited briefing schedule is granted ; and it is further,

ORDERED that Nelson Poalacin shall serve and file the joint record or appendix and brief with respect to the appeals and cross appeals, and his brief on or before July 30, 2015; and it is further,

ORDERED that Mall Properties, Inc., KMO-361 Realty Associates, LLC, The Gap, Inc., and James Hunt Construction shall serve and file their brief answering brief, including their points of argument on the cross appeal (see 22 NYCRR 670.8[c][3]), on or before August 31, 2015; and it is further,

ORDERED that APCO Insulation Co., Inc., shall serve and file its answering brief, including their points of argument on the cross appeal (see 22 NYCRR 670.8[c][3]), on or before August 31, 2015; and it is further,

ORDERED that Weather Champions, LTD., shall serve and file its answering brief, including its points of argument on the cross appeal (see 22 NYCRR 670.8[c][3]), on or before October 1, 2015; and it is further,

ORDERED that Harleysville Insurance shall serve and file its answering brief, including its points of argument on the cross appeal (see 22 NYCRR 670.8[c][3]), on or before October 1, 2015; and it is further,

ORDERED that Nelson Poalacin shall serve and file his reply brief, if any, on or before November 2, 2015; and it is further,

ORDERED that Mall Properties, Inc., KMO-361 Realty Associates, LLC, The Gap, Inc., and James Hunt Construction and APCO Insulation Co., Inc., shall serve and file their respective reply briefs, if any, on or before November 17, 2015; and it is further,

ORDERED that Weather Champions, LTD., and Harleysville Insurance shall serve and file their respective reply briefs, if any, on or before December 2, 2015.

DILLON, J.P., CHAMBERS, AUSTIN and SGROI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court