Trevor Caraballo et al. v Villa Maria Academy Inc. Calgi Construction Inc.

Motion No: M-724

Slip Opinion No: 2017 NYSlipOp 67920(U)

Decided on March 23, 2017

Appellate Division, First 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.

March 23, 2017

Trevor Caraballo, et al.,

Plaintiffs-Respondents,

v

Villa Maria Academy, Inc., Calgi

Construction, Inc.,

Defendants-Appellants,

The Geddis Partnership,

Defendant.

An appeal having been taken from an order of the Supreme Court, Bronx County, entered on or about November 24, 2015, And third-party defendant-respondent Tri State Dismantling Corp. having moved to dismiss the aforesaid appeal for failure to timely perfect (M-367), And third-party defendant-respondent W & M Sprinkler, Inc., having cross-moved to dismiss the aforesaid appeal for failure to timely perfect (M-550), And defendant/third-party plaintiff-appellant Villa Maria Academy, Inc. having cross-moved for an enlargement of time to perfect its appeal (M-724), Now, upon reading and filing the papers with respect to the motion and cross motions, and due deliberation having been had thereon, It is ordered that the motion and cross motion to dismiss the appeal are denied (M-367/M-550). The cross motion for an enlargement of time to perfect the appeal is granted to the extent of enlarging the time to perfect same to the October 2017 Term (M-724). Entered: March 23, 2017

_____________________ CLERK

PRESENT: Hon. David Friedman, Justice Presiding, Richard T. Andrias Paul G. Feinman Barbara R. Kapnick Ellen Gesmer, Justices

M-724

M-550

M-367

Index No. 18414/07