| Petersen v Forest City Ratner Companies, LLC |
| Motion No: 2018-09632 |
| Slip Opinion No: 2019 NY Slip Op 83814(U) |
| Decided on November 7, 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. |
Appellate Division: Second Judicial Department
M267258
E/afa
REINALDO E. RIVERA, J.P.
LEONARD B. AUSTIN
ROBERT J. MILLER
COLLEEN D. DUFFY, JJ.
|
2018-09632 Scott Petersen, et al., appellants, v Forest City Ratner, et al., respondents, et al., defendant. (Index No. 20679/12)
| DECISION & ORDER ON MOTION |
2019-06973
Scott Petersen, et al., appellants,
v Forest City Ratner, et al., respondents.
(Index No. 20679/12)
Motion by the respondent Drywall & Acoustics of Northeast, Inc., to dismiss an appeal from an order of the Supreme Court, Kings County, dated May 18, 2018, on the ground that the right of direct appeal therefrom terminated upon entry in the above-entitled action of a judgment of the same court entered May 20, 2019, or, in the alternative, to extend the time to serve and file a brief. Cross motion by the appellants to consolidate the appeals from the order and the judgment entered May 20, 2019.
Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, it is
ORDERED that on the Court's own motion, the notice of appeal from the order is deemed to be a premature notice of appeal from a judgment of the Supreme Court, Kings County, dated July 10, 2019, and entered in the above-entitled action (see CPLR 5520[c]), and on or before December 6, 2019, the appellants shall serve and file a supplemental record containing the judgment dated July 10, 2019; and it is further,
ORDERED that the branch of the motion which is to extend the time of the respondent Drywall & Acoustics of Northeast, Inc., to serve and file a brief is granted, the time of the respondent Drywall & Acoustics of Northeast, Inc., to serve and file a brief in connection with the appeal from the judgment dated July 10, 2019, is extended until January 6, 2020, and the brief shall be served and filed on or before that date; and it is further,
ORDERED that the branch of the motion which is to dismiss the appeal and the cross motion are denied.
RIVERA, J.P., AUSTIN, MILLER and DUFFY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court