Mulvena v Turner Construction Company
Motion No: 2018-15003
Slip Opinion No: 2019 NY Slip Op 79224(U)
Decided on September 10, 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

M265692

kbp/

MARK C. DILLON, J.P.

JOHN M. LEVENTHAL

JOSEPH J. MALTESE

LINDA CHRISTOPHER, JJ.

2018-15003

Kevin Mulvena, plaintiff-respondent,

v Turner Construction Company,

respondent-appellant, Five Star Electric Corp.,

et al., defendants-respondents, Vamco Sheet

Metal, Inc., appellant-respondent.

(Index No. 14946/11, 75386/12)

DECISION & ORDER ON MOTION

Motion by the appellant-respondent on an appeal and a cross appeal from an order of the Supreme Court, Kings County, dated November 7, 2018, to extend the time to perfect the appeal.

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

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

ORDERED that the appellant-respondent's time to perfect the appeal is extended until October 18, 2019, and the joint record or appendix on the appeal and cross appeal (see 22 NYCRR 1250.9[f][1][ii]) and the appellant-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; and it is further

ORDERED that the respondents-appellants shall serve and file the answering brief, including the points of argument on the cross appeal, in accordance with the rules of this Court (see 22 NYCRR 1250.9[f][1][iv]).

DILLON, J.P., LEVENTHAL, MALTESE and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court