Christion Rivera v Skanska USA Civil Northeast Inc. and Tullly Construction Co. Inc.

Motion No: M-2030

Slip Opinion No: 2019 NYSlipOp 72498(U)

Decided on June 13, 2019

Appellate Division, First 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.

June 13, 2019

Christion Rivera,

Plaintiff-Appellant,

v

Skanska USA Civil Northeast, Inc. and Tullly Construction Co., Inc.,

Defendants-Respondents,

An appeal having been taken to this Court from an order of the Supreme Court, Bronx County, entered on or about July 11, 2016, And defendants-respondents having moved (M-1768) for an order, pursuant to CPLR 5513(a), dismissing, as untimely, plaintiff's appeal taken from the aforesaid order, and his purported appeal taken from the ensuing judgment of the same Court, entered on or about September 20, 2018, or in the alternative, for an enlargement of time to file a respondent's brief, And plaintiff-respondent having cross moved (M-2030) for an order, pursuant to CPLR 5520(c), deeming his notice of appeal, dated September 25, 2018, to be a timely appeal taken from the judgment entered on or about September 20, 2018, and bringing up for review the order entered on or about July 11, 2016, Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, It is ordered that defendants-respondents' motion (M-1768) is denied, without prejudice to defendants addressing the issue directly on appeal, and defendants are sua sponte permitted to file a supplemental record to include the documents attached to the motion to dismiss; and It is further ordered that plaintiff-appellant's motion (M-2030) is denied without prejudice to plaintiff addressing the issue directly on appeal. ENTERED: June 13, 2019

_____________________ CLERK

Present - Hon. Dianne T. Renwick, Justice Presiding, Sallie Manzanet-Daniels Ellen Gesmer Cynthia S. Kern Anil C. Singh, Justices

M-2030

M-1768

Index No. 21536/14E