Appellate Division: Second Judicial Department

M257550

E/afa

RUTH C. BALKIN, J.P.

SANDRA L. SGROI

ROBERT J. MILLER

FRANCESCA E. CONNOLLY, JJ.

2018-00940, 2018-05951 Degraw Construction Group, Inc., respondent-appellant, v McGowan Builders, Inc., et al., appellants-respondents, Y.M.C.A. of Greater NY, et al., respondents. (Index No. 8072/14)

DECISION & ORDER ON MOTION

2018-12386

Degraw Construction Group, Inc.,

plaintiff-respondent, v McGowan Builders,

Inc., et al., appellants, Y.M.C.A. of Greater

NY, et al., respondents.

(Index No. 8072/14)

Motion by McGowan Builders, Inc., and Liberty Mutual Insurance Company on an appeal from an order of the Supreme Court, Kings County, dated September 5, 2017, an appeal and cross appeal from a judgment of the same court dated March 23, 2018, and an appeal from an order of the same court dated September 4, 2018, to extend the time to comply with a decision and order on motion of this Court dated October 1, 2018, and to consolidate the appeal from the order dated September 5, 2017, and the appeal and cross appeal from the judgment with the appeal from the order dated September 4, 2018. Application by Degraw Construction Group, Inc., to withdraw the cross appeal from the judgment.

Upon the papers filed in support of the motion 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that the application is granted and the cross appeal by Degraw Construction Group, Inc., from the judgment is deemed withdrawn; and it is further,

ORDERED that the branch of the motion which is to extend the time to comply with the decision and order on motion of this Court dated October 1, 2018, is granted and on or before December 4, 2018, McGowan Builders, Inc., and Liberty Mutual Insurance Company shall correct the covers of the brief and record filed with the Clerk of this Court to reflect the present appellate status of the parties and the proper Appellate Division Docket Numbers, and file a supplemental record containing the judgment; and it is further,

ORDERED that the branch of the motion which is to consolidate the appeal from the order dated September 5, 2017, and the appeal and cross appeal from the judgment with the appeal from the order dated September 4, 2018, is denied as academic with respect to the cross appeal and is otherwise denied; and it is further,

ORDERED that on the Court's own motion, the appeals from the order dated September 5, 2017, and the judgment will be calendared together with the appeal from the order dated September 4, 2018 and will be argued or submitted on the same date; and it is further,

ORDERED that on the Court's own motion, the time for Degraw Construction Group, Inc., to serve and file a brief in connection with the appeals from the order dated September 5, 2017, and the judgment is extended until January 4, 2019, and Degraw Construction Group, Inc., shall serve and file its brief on or before that date.

BALKIN, J.P., SGROI, MILLER and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court