Yelizarov v Aecom USA, Inc.
Motion No: 2018-04799
Slip Opinion No: 2018 NY Slip Op 92049(U)
Decided on December 28, 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

M258633

E/mm

HECTOR D. LASALLE, J.P.

BETSY BARROS

VALERIE BRATHWAITE NELSON

ANGELA G. IANNACCI, JJ.

2018-04799

Mikhail Yelizarov, respondent,

v Aecom USA, Inc., defendant third-party

plaintiff-respondent-appellant;

Kordun Construction Corp., third-party

defendant-appellant-respondent.

(Index No. 20494/12)

DECISION & ORDER ON MOTION

Motion by Kordun Construction Corp. on an appeal and a cross appeal from an order of the Supreme Court, Kings County, dated January 23, 2018, pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the appeal pursuant to 22 NYCRR 1250.10(a) and to extend the time to perfect the appeal.

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

ORDERED that the motion is denied; and it is further,

ORDERED that on the Court's own motion, the cross appeal is deemed dismissed pursuant to 22 NYCRR 1250.10(a).

LASALLE, J.P., BARROS, BRATHWAITE NELSON and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court