Appellate Division: Second Judicial Department

M202809

E/ct

CHERYL E. CHAMBERS, J.P.

SANDRA L. SGROI

ROBERT J. MILLER

HECTOR D. LASALLE, JJ.

2015-02678 Castle Restoration & Construction, Inc., plaintiff-respondent, v Castle Restoration, LLC, et al., appellants, Robert P. Castaldi, defendant- respondent. (Index No. 9187/13)

DECISION & ORDER ON MOTION

2015-06517, 2015-06584

Castle Restoration & Construction, Inc.,

plaintiff-appellant-respondent, v Castle

Restoration, LLC, et al., respondents-appellants,

Robert P. Castaldi, defendant-appellant-respondent.

(Index No. 9187/13)

Motion by Castle Restoration & Construction, Inc., and Robert P. Castaldi on an appeal from an order of the Supreme Court, Nassau County, dated February 4, 2015, and appeals and cross appeals from an order and a final judgment of the same court both dated May 14, 2015, to dismiss the appeal from the order dated February 4, 2015, on the ground that the right of direct appeal therefrom terminated upon entry of the final judgment in the above-entitled action, or, in the alternative, to enlarge the time to serve and file a brief in connection with the appeal from the order dated February 4, 2015. Cross motion by Castle Restoration, LLC, and Anthony Colao for leave to supplement the record filed in connection with the appeal from the order dated February 4, 2015, with the copies of the order and the final judgment dated the May 14, 2015, as well as the notice of appeal from the order and the final judgment, and to deem the record and brief filed in connection with the appeal from the order dated February 4, 2015, to also be the record and brief filed in connection with the appeal and cross appeal from the order and the final judgment dated May 14, 2015, and to consolidate the appeals. Application by Castle Restoration, LLC, and Anthony Colao pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file an answering brief in connection with the appeal from the order and the final judgment dated May 14, 2015.

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

ORDERED that the branch of the motion which is to dismiss the appeal from the order dated February 4, 2015, 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 branch of the motion which is to enlarge the time to serve and file a brief in connection with the appeal from the order dated February 4, 2015, is granted, the time of Castle Restoration & Construction, Inc., and Robert P. Castaldi to serve and file a brief in connection with the appeal from the order dated February 4, 2015, is enlarged until January 8, 2016, and the brief of Castle Restoration & Construction, Inc., and Robert P. Castaldi must be served and filed on or before that date; and it is further,

ORDERED that the branch of the cross motion which is for leave to supplement the record filed in connection with the appeal from the order dated February 4, 2015, with the copies of the order and the final judgment dated May 14, 2015, as well as the notice of appeal from the order and the final judgment, and to deem the notice of brief filed in connection with the order dated February 4, 2015, to be filed in connection with the order and the final judgment dated May 14, 2015, is denied in light of the perfection of the appeals from the order and the final judgment dated May 14, 2015, on a joint record; and it is further,

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

ORDERED that on the Court's own motion, the appeal from the order dated February 4, 2015, will be calendared together with the appeals and cross appeals from the order and the final judgment dated May 14, 2015; and it is further,

ORDERED that the application is granted, and Castle Restoration, LLC, and Anthony Colao shall serve and file their answering brief, including the points of argument on the cross appeals, with respect to the order and the final judgment dated May 14, 2015, on or before January 8, 2016 (see 22 NYCRR 670.8[c][3]).

CHAMBERS, J.P., SGROI, MILLER and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court