Palacio v City of New York
Motion No: 2018-12119
Slip Opinion No: 2019 NY Slip Op 66395(U)
Decided on March 27, 2019
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

M261431

E/mm

WILLIAM F. MASTRO, J.P.

JOHN M. LEVENTHAL

JOSEPH J. MALTESE

VALERIE BRATHWAITE NELSON, JJ.

2018-12119

Alexander Palacio, appellant,

v City of New York, et al., defendants,

Liro Engineering, Inc., respondent.

(Index No. 26142/11)

DECISION & ORDER ON MOTION

2018-12124

Roberto Rodriguez, etc., appellant,

v City of New York, et al., respondents.

(Index No. 28861/11)

2018-12368

Roberto Rodriguez, etc., appellant,

v City of New York, et al., respondents.

(Index No. 28861/11)

2018-14802

Alexander Palacio, appellant,

v City of New York, et al., respondents,

et al., defendants.

(Index No. 26142/11)

2018-14803

Alexander Palacio, appellant,

v City of New York, et al., defendants,

Triumph Construction Corp., respondent.

(Index No. 26142/11)

Motion by the appellant Alexander Palacio to extend the time to perfect appeals from three orders of the Supreme Court, Queens County, dated July 25, 2018, July 26, 2018, and September 27, 2018, respectively, to consolidate those appeals, and for leave to file a joint record on those appeals with appeals from two orders of the same court July 18, 2018, and August 2, 2018, respectively. Application by the appellant Roberto Rodriguez pursuant to 22 NYCRR 1250.9(b) to extend the time to perfect appeals from the orders dated July 18, 2018, and August 2, 2018.

Upon the papers filed in support of the motion and the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branch of the motion and the application which is to extend the time to perfect the appeals from the orders dated July 25, 2018, July 26, 2018, and September 27, 2018, is granted and the time to perfect those appeals is extended until May 28, 2019; and it is further,

ORDERED that the application to extend the time to perfect the appeals from the orders dated July 18, 2018, and August 2, 2018, is granted and the time to perfect those appeals is extended until May 28, 2019; and it is further,

ORDERED that the branch of the motion which is to consolidate the appeals from the orders dated July 25, 2018, July 26, 2018, and September 27, 2018, is denied as unnecessary as the appeals may be consolidated as of right (see 22 NYCRR 1250.9[f][3]); and it is further,

ORDERED that the branch of the motion which is for leave to file a joint record is denied; and it is further,

ORDERED that on the Court's own motion, the appeals will be calendared together and will be argued or submitted on the same date.

MASTRO, J.P., LEVENTHAL, MALTESE and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court