Pereira v Hunt/Bovis Lend Lease Alliance
Motion No: 2017-09347
Slip Opinion No: 2018 NY Slip Op 66715(U)
Decided on March 13, 2018
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

M247442

E/afa

ALAN D. SCHEINKMAN, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

2017-09347

John Pereira, etc., plaintiff-respondent-appellant,

v Hunt/Bovis Lend Lease Alliance II, et al.,

appellants-respondents, Hunt Construction

Group, Inc., et al., defendants-respondents,

Five Star Electric Corp., defendant-respondent-

appellant.

(Index No. 503980/13)

DECISION & ORDER ON MOTION

Separate applications by John Pereira and Five Star Electric Corp. pursuant to 22 NYCRR 670.8(d)(2) on an appeal by Hunt/Bovis Lend Lease Alliance II and Queens Ball Park Company, LLC, and separate cross appeals by John Pereira and Five Star Electric Corp., from an order of the Supreme Court, Queens County, dated July 21, 2017, to enlarge the time to perfect the cross appeals.

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

ORDERED that on the Court's own motion, so much of an order on application of this Court, entitled "[i]n the Matter of Applications for Extensions of Time" dated February 23, 2018, as granted the application by John Pereira is recalled and vacated; and it is further,

ORDERED that the applications are granted to the following extent and otherwise denied; and it is further,

ORDERED that the time of Hunt/Bovis Lend Lease Alliance II and Queens Ball Park Company, LLC, to perfect the appeal is enlarged until April 24, 2018, and the joint record or appendix on the appeal and cross appeals (see 22 NYCRR 670.8[c][1]) and the brief of Hunt/Bovis Lend Lease Alliance II and Queens Ball Park Company, LLC, shall be served and filed on or before that date; and it is further,

ORDERED that John Pereira shall serve and file his answering brief, including his points of argument on his cross appeal, on or before May 29, 2018 (see 22 NYCRR 670.8[c][3]); and it is further,

ORDERED that Five Star Electric Corp. shall serve and file its answering brief, including its points of argument on its cross appeal, on or before July 3, 2018 (see 22 NYCRR 670.8[c][3]).

SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court