Appellate Division: Second Judicial Department

M252621

E/jr

ALAN D. SCHEINKMAN, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

2018-06608 Jorge Luis Auquilla Cando, plaintiff-respondent, v Ajay General Contracting Co. Inc., defendant third-party/second third-party plaintiff-respondent, Scottye Kennedy, et al., defendants-appellants; FJP Mechanical, Inc., third-party defendant-responde PCL Custom Remodeling, Inc., second third-party defendant-appellant. (Index No. 14172/14)

DECISION & ORDER ON MOTION nt;

Appeal by PCL Custom Remodeling, Inc., and separate appeal by Scottye Kennedy and Joanna Kennedy, from an order of the Supreme Court, Queens County, entered March 15, 2018.

On the Court's own motion, it is

ORDERED that on or before August 15, 2018, Scottye Kennedy and Joanna Kennedy shall serve and file a brief containing their points of argument on their appeal and a supplemental joint appendix containing their notice of appeal and those portions of the record necessary to permit the Court to fully consider the issues which will be raised by them and the respondents, which are not contained in the appendix filed by PCL Custom Remodeling, Inc.; (see 22 NYCRR 670.10.2 [c][1]) and it is further,

ORDERED that on or before August 15, 2018, PCL Custom Remodeling, Inc., shall correct the covers of the copies of the appendix and its brief to reflect the appeal by Scottye Kennedy and Joanna Kennedy; and it is further,

ORDERED that the respondents shall serve and file a brief, if any, on or before September 12, 2018; and it is further,

ORDERED that the appellants shall serve and file their reply briefs if any, in accordance with the Rules of this Court (see 22 NYCRR 670.8 [b]).

ENTER:

Aprilanne Agostino

Clerk of the Court

July 13, 2018

CANDO v AJAY GENERAL CONTRACTING CO. INC.