Appellate Division: Second Judicial Department

M227997

E/sl

RUTH C. BALKIN, J.P.

LEONARD B. AUSTIN

HECTOR D. LASALLE

VALERIE BRATHWAITE NELSON, JJ.

2016-10008 Estate of Bennie Beble Evans, by Rosa Chiffon Evans, administrator, plaintiff-respondent, v Artec Construction and Development Corp., defendant third-party/second third-party plaintiff-respondent, Mother Gaston Housing Development Fund Company, Inc., defendant second third-party plaintiff-respondent; C.J.L. Construction Company, third-party defendant/third third-party plaintiff-respondent; Certified Testing Laboratories, Inc., second third-party defendant-respondent; Falco Construction, Corp., third third-party defendant-respondent. (Index No. 24577/08)

DECISION & ORDER ON MOTION

Motion by C.J.L. Construction Company, and separate motion by Certified Testing Laboratories, Inc., inter alia, to dismiss an appeal from an order of the Supreme Court, Kings County, dated June 22, 2016, insofar as taken against each of them, as untimely taken.

Upon the papers filed in support of the motions and the papers filed in opposition and in relation thereto, it is

ORDERED that the branch of the motion by C.J.L. Construction Company which is to dismiss the appeal insofar as taken against it as untimely taken is granted and the appeal insofar as taken against C.J.L. Construction Company is dismissed, without costs or disbursements (see CPLR 5513[a]); and it is further,

ORDERED that the motion by C.J.L. Construction Company is otherwise denied as academic, and it is further,

ORDERED that the motion by Certified Testing Laboratories, Inc., is denied (see Maddox v City of New York, 104 AD2d 430); and it is further,

ORDERED that on the Court's own motion, the appellant's time to perfect the appeal is enlarged until April 21, 2017, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

BALKIN, J.P., AUSTIN, LASALLE and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court