Uddin v A.T.A. Construction Corp.
Motion No: 2016-00163
Slip Opinion No: 2016 NY Slip Op 94842(U)
Decided on December 20, 2016
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

M223241

E/afa

LEONARD B. AUSTIN, J.P.

JEFFREY A. COHEN

JOSEPH J. MALTESE

COLLEEN D. DUFFY, JJ.

2016-00163

Main Uddin, plaintiff-respondent, v A.T.A.

Construction Corp., defendant third-party

plaintiff-respondent; Park Slope Condominium,

defendant second-third-party plaintiff-respondent;

B.D. Builders, USA, Inc., third-party defendant-

appellant-respondent, Scottsdale Insurance Company

third-party defendant-respondent; Flan Realty, LLC,

second-third-party defendant-respondent-appellant.

(Index No. 32455/08)

ORDER ON APPLICATION





, Inc.,

Motion by B.D. Builders, USA, Inc., in effect, to amend the caption to reflect that it is an appellant-respondent and to set a briefing schedule on an appeal and cross appeal from an order of the Supreme Court, Kings County, dated October 16, 2015. Separate applications by Park Slope Condominium and Scottsdale Insurance Company, Inc., pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file their respective briefs.

Upon the papers filed in support of the motions and the applications, and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion and the applications are granted; and it is further,

ORDERED that on or before January 19, 2017, B.D. Builders, USA, Inc., shall correct the covers of the copies of the joint record and its brief filed with this Court to reflect that it is the appellant-respondent and Flan Realty, LLC, is the respondent-appellant; and it is further,

ORDERED that on or before January 19, 2017, Flan Realty, LLC, shall correct the covers of the copies of its brief filed with this Court and, may, if so advised, serve and file a supplemental brief containing its response to the issues raised in the brief filed by B.D. Builders, USA, Inc.; and it is further,

ORDERED that on or before January 19, 2017, Main Uddin, A.T.A. Construction Corp., B.D. Builders, USA, Inc., shall serve and file their respective briefs; and it is further,

ORDERED that on or before February 3, 2017, B.D. Builders, USA, Inc., shall serve and file its reply brief, if any; and it is further,

ORDERED that on or before February 21, 2017, Flan Realty, LLC, shall serve and file its reply brief, if any.

AUSTIN, J.P., COHEN, MALTESE and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court