Appellate Division: Second Judicial Department

M252316

E/htr

RUTH C. BALKIN, J.P.

SHERI S. ROMAN

SANDRA L. SGROI

JOSEPH J. MALTESE, JJ.

2018-05030 32nd Avenue, LLC, plaintiff-respondent, v Angelo Holding Corp., et al., defendants- respondents, Higgins Ave., LLC, defendant- third-party plaintiff-respondent, Imanuel Piroozian, appellant; Michael G. Psaros, etc., et al., third-party defendants-respondents. (Index No. 473/06)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from a judgment of the Supreme Court, Queens County, entered February 2, 2018, to extend the time to serve the notice of appeal and the Request for Appellate Division Intervention, which were timely filed, upon the plaintiff-respondent. Separate motion by the plaintiff-respondent to dismiss the appeal insofar as taken against it as untimely taken, and on the further grounds that the appellant is not aggrieved and that the judgment is not appealable.

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

ORDERED that the appellant's motion is granted to the extent that the notice of appeal, which was timely filed, is deemed timely served upon the plaintiff-respondent (see CPLR 5520[a]), the appellant's motion is otherwise denied as unnecessary (see CPLR 5515[1]); and it is further,

ORDERED that the branch of the plaintiff-respondent's motion which is to dismiss the appeal on the ground that the appellant is not aggrieved is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; and it is further,

ORDERED that the plaintiff-respondent's motion is otherwise denied.

BALKIN, J.P., ROMAN, SGROI and MALTESE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court