Appellate Division: Second Judicial Department

M221004

E/sl

L. PRISCILLA HALL, J.P.

SANDRA L. SGROI

JOSEPH J. MALTESE

COLLEEN D. DUFFY, JJ.

2015-11986 Juan Maurisaca, plaintiff, v Bowery at Spring Partners, L.P., et al., defendants, Bakers Dozen Associates, LLC, appellant, Walsh Company, LLC, respondent (and third-party actions). (Index No. 702405/12)

DECISION & ORDER ON MOTION

2016-02501

Juan Maurisaca, plaintiff-respondent,

v Bowery at Spring Partners, L.P., defendant-

appellant-respondent, Bakers Dozen Associates, LLC,

defendant third third-party plaintiff-respondent-appellant,

EMM Group Holding, LLC, defendant third third-party

plaintiff-respondent, Walsh Company, LLC, defendant

third-party/second third-party plaintiff-respondent, et al.,

defendants; Mission Design & Management, third-party/

third third-party defendant-appellant-respondent;

Scottsdale Insurance Company, second third-party/

third third-party defendant-appellant-respondent.

(Index No. 702405/12)

2016-02523

Juan Maurisaca, plaintiff-respondent,

v Bowery at Spring Partners, L.P., et al., defendants

Bakers Dozen Associates, LLC, defendant third

third-party plaintiff-respondent-appellant, EMM Group

Holding, LLC, defendant third third-party-respondent,

Walsh Company, LLC, defendant third-party/

second third-party plaintiff-appellant-respondent;

Mission Design & Management, third-party/

third third-party defendant-appellant-respondent;

Scottsdale Insurance Company, second-third party/

third third-party defendant-appellant-respondent.

(Index No. 702405/12)

2016-06223

Juan Maurisaca, plaintiff-respondent,

v Bowery at Spring Partners, L.P., et al., defendants,

Bakers Dozen Associates, LLC , et al., defendants-respondents,

Walsh Company, LLC, appellant

(and third-party actions).

(Index No. 702405/12)

2016-09974

Juan Maurisaca, plaintiff,

v Bowery at Spring Partners, L.P., et al., defendants,

Walsh Company, LLC, defendant third-party plaintiff-

appellant; Mission Design & Management, third-party

defendant-respondent (and third party actions).

(Index No. 702405/12)

Motion by Scottsdale Insurance Company to consolidate appeals from five orders of the Supreme Court, Queens County, dated October 6, 2015, February 18, 2016, March 3, 2016, May 16, 2016, and August 31, 2016, respectively, and cross appeals from the orders dated February 18, 2016, and March 3, 2016, to enlarge the time to perfect the appeals, and for a briefing schedule. Application pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect the appeal from the order dated March 3, 2016.

Upon the papers filed in support of the motion and the papers filed in relation thereto, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that on the Court's own motion, the appeal from the order dated August 31, 2016 (Appellate Division Docket No. 2016-09974), is dismissed, without costs or disbursements, on the ground that order failed to rule on the appellant's motion for relief against Mission Design & Management" which remains pending and undecided (see Katz v Katz, 68 AD2d 536, 544); and it is further,

ORDERED that the branches of the motion which seek relief with respect to the order dated August 31, 2016, are denied as academic; and it is further,

ORDERED that the branch of the motion which is to consolidate the appeals from the orders dated October 6, 2015, and May 16, 2016, and the appeals and cross appeals from the orders dated February 18, 2016, and March 3, 2016, is denied; and it is further,

ORDERED that on the Court's own motion, the appeals from the orders dated October 6, 2015, and May 16, 2016, and appeals and cross appeals from the orders dated February 18, 2016, and March 3, 2016, will be heard together and will be argued or submitted on the same date; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeals from the orders dated October 6, 2015, February 18, 2016, March 3, 2016, and May 16, 2016, the branch of the motion which is for a briefing schedule with respect to those appeals and cross appeals, and the application, are granted; and it is further,

ORDERED that with respect to the appeal from the order dated October 6, 2015 (Appellate Division Docket No. 2015-11986), (1) Bakers Dozen Associates, LLC, shall perfect the appeal on or before December 14, 2016, and the record or appendix on appeal and the brief of Bakers Dozen Associates, LLC, shall be served and filed on or before that date, (2) the respondent shall serve and file a brief, if any, on or before January 31, 2017, and (3) the reply brief, if any, shall be served and filed in accordance with the rules of this Court (see 22 NYCRR 670.8[b]); and it is further,

ORDERED that with respect to the appeals and the cross appeal from the order dated February 18, 2016 (Appellate Division Docket No. 2016-02501), (1) Bowery at Spring Partners, L.P., Mission Design & Management, and Scottsdale Insurance Company shall perfect their appeals on or before December 14, 2016, and the joint record or appendix on the appeals and cross appeal and the briefs of Bowery at Spring Partners, L.P., Mission Design & Management, and Scottsdale Insurance Company, shall be served and filed on or before that date, (2) Bakers Dozen Associates, LLC, shall serve and file its answering brief, including the points of argument on the cross appeal (see 22 NYCRR 670.8[c][3]) on or before January 31, 2017; (3) the respondents shall serve and file their respective briefs, if any, on or before March 7, 2017; (4) Bowery at Spring Partners, L.P., Mission Design & Management, and Scottsdale Insurance Company shall serve and file their respective reply briefs, if any, on or before April 12, 2017; and (5) Bakers Dozen Associates, LLC, shall serve and file its reply brief, if any, on or before April 27, 2017; and it is further,

ORDERED that with respect to the appeals and the cross appeal from the order dated March 3, 2016 (Appellate Division Docket No. 2016-02523), (1) Walsh Company, LLC, Mission Design & Management, and Scottsdale Insurance Company shall perfect their appeals on or before December 14, 2016, and the joint record or appendix on the appeals and cross appeal and the briefs of Walsh Company, LLC, Mission Design & Management, and Scottsdale Insurance Company shall be served and filed on or before that date, (2) Bakers Dozen Associates, LLC, shall serve and file its answering brief, including the points of argument on the cross appeal (see 22 NYCRR 670.8[c][3]) on or before January 31, 2017; (3) the respondents shall serve and file their respective briefs, if any, on or before March 7, 2017; (4) Walsh Company, LLC, Mission Design & Management, and Scottsdale Insurance Company shall serve and file their respective reply briefs, if any, on or before April 12, 2017; and (5) Bakers Dozen Associates, LLC, shall serve and file a reply brief, if any, on or before April 27, 2017; and it is further,

ORDERED that with respect to the appeal from the order dated May 16, 2016 (Appellate Division Docket No. 2016-06223), (1) Walsh Company, LLC, shall perfect the appeal on or before December 14, 2016, and the record or appendix on the appeal and the brief of Walsh Company, LLC, shall be served and filed on or before that date, (2) the respondents shall serve and file their respective briefs, if any, on or before January 31, 2017, and (3) the reply brief, if any, shall be served and filed in accordance with the rules of this Court (see 22 NYCRR 670.8[b]).

HALL, J.P., SGROI, MALTESE and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court