Appellate Division: Second Judicial Department

M261056

E/mm

ALAN D. SCHEINKMAN, P.J.

CHERYL E. CHAMBERS

LEONARD B. AUSTIN

COLLEEN D. DUFFY, JJ.

2018-00940, 2018-05951 Degraw Construction Group, Inc., plaintiff-respondent, v McGowan Builders, Inc., et al., appellants, Y.M.C.A. of Greater NY, et al., defendants-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 the appellants to stay all proceedings in the above-entitled action, pending hearing and determination of appeals from two orders of the Supreme Court, Kings County, dated September 5, 2017, and September 4, 2018, respectively, and an appeal from a judgment of the same court dated March 23, 2018. Separate motion by the plaintiff-respondent, in effect, to dismiss the appeals from the order dated September 5, 2017, and the judgment on the ground that they have been rendered academic, to enlarge the record on the appeals from the order dated September 5, 2017, and the judgment to include the order dated September 4, 2018, and to extend the time to serve and file a brief in connection with the appeals from the order dated September 5, 2017, and the judgment.

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

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

ORDERED that the branch of the plaintiff-respondent's motion which is, in effect, to dismiss the appeals from the order dated September 5, 2017, and the judgment is held in abeyance and referred to the panel of Justices hearing those appeals for determination upon the argument or submission thereof; and it is further,

ORDERED that the branch of the motion which is to enlarge the record is denied; and it is further,

ORDERED that the branch of the motion which is to extend the plaintiff-respondent's time to serve and file a brief in connection with the appeals from the order dated September 5, 2017, and the judgment is granted, the plaintiff-respondent's time to serve and file a brief is extended until April 4, 2019, and the plaintiff-respondent's brief shall be served and filed on or before that date; and it is further,

ORDERED that no further extension of time shall be granted.

SCHEINKMAN, P.J., CHAMBERS, AUSTIN and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court