Appellate Division: Second Judicial Department

M254961

E/mmMARK C. DILLON, J.P.

COLLEEN D. DUFFY

HECTOR D. LASALLE

BETSY BARROS, JJ.

2017-12039 Estate of Bennie Beble Evans, etc., appellant, v Artec Construction and Development Corp., et al., defendants third-party/second third-party/ third third-party plaintiffs-respondents; C.J.L. Construction Company, third-party defendant-respondent; Certified Testing Laboratories, Inc., second third-party defendant- respondent; Falco Construction, Corp., third third-party defendant-respondent. (Index No. 24577/08)

DECISION & ORDER ON MOTION

Motion by Artec Construction and Development Corp. and Mother Gaston Housing Development Fund Company, Inc., to dismiss an appeal from a judgment of the Supreme Court, Kings County, dated August 25, 2017, on the grounds, inter alia, that it was untimely taken, and the record is inadequate, or, in the alternative, to direct the appellant to serve and file a supplemental record and to enlarge the time to serve and file a brief. Separate motion by C.J.L. Construction Company to dismiss the appeal on the grounds, inter alia, that it was untimely taken. Separate motion by Certified Testing Laboratories, Inc., to dismiss the appeal on the grounds, inter alia, that it was untimely taken or, in the alternative, to enlarge the time to serve and file a brief. Separate motion by Falco Construction, Corp. to dismiss the appeal as untimely taken and on the ground that the record is inadequate, or, in the alternative, to direct the appellant to serve and file a supplemental record and to enlarge the time to serve and file a brief. Application by the C.J.L. Construction Company pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a respondent's brief.

Upon the papers filed in support of the motions and the papers filed in opposition thereto, and 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 the branches of the motions which are to dismiss the appeal and the motion by C.J.L. Construction Company for that relief are denied; and it is further,

ORDERED that the branches of the motions which are to direct the appellant to serve and file a supplemental record are granted and on or before September 28, 2018, the appellant shall serve and file a supplemental record containing the affirmation of Cindy Varecchia and annexed exhibits; and it is further,

ORDERED that the branches of the motions which are to enlarge the respondents' time to serve and file their respective briefs and the application for that relief are granted, the respondents' time to serve and file their respective briefs is enlarged until October 29, 2018, and the respondents' briefs shall be served and filed on or before that date.

DILLON, J.P., DUFFY, LASALLE and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court