Joseph DeMartino v Manhattan College and Pavarini NorthEast Construction Co. Inc.

Motion No: M-8909

Slip Opinion No: 2020 NYSlipOp 61019(U)

Decided on January 21, 2020

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.

January 21, 2020

Joseph DeMartino,

Plaintiff-Respondent,

v

Manhattan College and Pavarini NorthEast Construction Co., Inc., Defendants-Respondents,

-and-

Total Safety Consulting, LLC,

Defendant-Appellant.

- - - - - - - - - - - - - -

[And a third-party action.]

An appeal having been taken to this Court from the order of the Supreme Court, Bronx County, entered on or about January 15, 2019, and said appeal having been perfected, And defendants-respondents having moved to strike the appellate brief and record filed by defendant-appellant and to dismiss the appeal unless a proper brief and record are filed, or, in the alternative, to adjourn the perfected appeal, Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, It is ordered that the motion is granted to the extent striking defendant-appellant's brief and record, with leave given to defendant-appellant to file a compliant brief and record for the June 2020 Term, to which Term the appeal is adjourned. ENTERED: January 21, 2020

_____________________ CLERK

Present - Hon. Judith J. Gische,Justice Presiding, Angela M. Mazzarelli Troy K. Webber Ellen Gesmer,Justices

M-8909

Index No. 24799/14E