| Dean Builders Group, PC v M.B. Din Construction, Inc. |
| Motion No: 2017-03451 |
| Slip Opinion No: 2017 NY Slip Op 87767(U) |
| Decided on October 3, 2017 |
| 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. |
Appellate Division: Second Judicial Department
M238698
U/afa
RANDALL T. ENG, P.J.
SHERI S. ROMAN
ROBERT J. MILLER
LINDA CHRISTOPHER, JJ.
|
2017-03451, 2017-03452 Dean Builders Group, PC, plaintiff/counterclaim defendant-respondent-appellant, v M.B. Din Construction, Inc., defendant/counterclaim plaintiff-appellant-respondent, Mohammed Chatha, defendant-appellant-respondent; Fidelity and Deposit Company of Maryland, counterclaim defendant-respondent. (Index No. 601466/14)
| DECISION & ORDER ON MOTION |
Application pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals and cross appeals from an order of the Supreme Court, Nassau County, dated January 25, 2017, and a judgment of the same court dated March 8, 2017.
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 and cross appeal from the order (Appellate Division Docket No. 2017-03452) are dismissed, without costs or disbursements, as the right of direct appeal from the order terminated with entry of the judgment (see Matter of Aho, 39 NY2d 241, 248), and the issues raised on the appeal and cross appeal from the order will be brought up for review and considered on appeal from the judgment (see CPLR 5501[a][1]); and it is further,
ORDERED that the application is granted to the extent that the appellants-respondents' time to perfect the appeal from the judgment is enlarged until November 27, 2017, and the joint record or appendix on the appeal and cross appeal (see 22 NYCRR 670.8[c][1]) and the appellants-respondents' brief shall be served and filed on or before that date; and it is further,
ORDERED that the respondents-appellants shall serve and file the answering brief, including the points of argument on the cross appeal, in accordance with the rules of this Court (see 22 NYCRR 670.8[c][3]); and it is further,
ORDERED that the application is otherwise denied.
ENG, P.J., ROMAN, MILLER and CHRISTOPHER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court