Michael Hedges As Guardian Ad Litem v Planned Security Service Inc.

Motion No: M-7048

Slip Opinion No: 2019 NYSlipOp 82123(U)

Decided on October 17, 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.

October 17, 2019

Michael Hedges, As Guardian Ad Litem

of Marion Hedges, An Incapacitated

Person, and Michael Hedges,

Individually, and Dayton Hedges,

Plaintiffs-Respondents,

v

Planned Security Service Inc.,

Defendant-Appellant-Respondent, Tiago Holdings, LLC, Blumenfeld

Development Group, Ltd., Forest City

Enterprise, Inc., Forest City Ratner

Companies, Inc., and ERP Management

LLC,

Defendants-Respondents-Appellants,

Target Corporation, Costco Wholesale

Corporation and Bob's Discount

Furniture of NY, LLC. and East River

Plaza, LLC.,

Defendants-Respondents.

Appeals and cross appeals having been taken to this Court

from the order of the Supreme Court, New York County, entered on

or about January 19, 2018 and from a judgment of the same court entered on or about July 24, 2019,And defendants-respondents-appellants having moved for an

enlargement of time to perfect their cross appeal from the order entered on or about January 19, 2018,Now, upon reading and filing the papers with respect to the motion and the correspondence from counsel for defendant-appellant-respondent, Planned Security Service Inc. dated July 30, 2019, annexed to the motion papers as Exhibit E, and due deliberation having been had thereon,It is ordered that the motion is granted to the extent of vacating the dismissal of the Tiago defendants' cross appeal taken from the order entered on or about January 19, 2018, and upon vacatur, enlarging the time to perfect the cross appeal to the April 2020 Term. It is further ordered that the direct appeal taken by Planned Security Services, Inc. from the order entered on or about January 19, 2018 is deemed withdrawn in accordance with the aforementioned correspondence; the Tiago defendants' appeal taken from the order entered on or about January 19, 2018 is subsumed into the appeal taken from the judgment of the same court entered on or about July 24, 2019. ENTERED: October 17, 2019

_____________________ CLERK

Present - Hon. David Friedman, Justice Presiding,Peter Tom Troy K. Webber Ellen Gesmer Jeffrey K. Oing, Justices

M-7048

Index No. 101854/12