| Rupelli v Macy's Retail Holdings, Inc. |
| Motion No: 2019-07169 |
| Slip Opinion No: 2020 NY Slip Op 61669(U) |
| Decided on January 28, 2020 |
| 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
M269136
E/sl
REINALDO E. RIVERA, J.P.
CHERYL E. CHAMBERS
COLLEEN D. DUFFY
BETSY BARROS, JJ.
|
2019-07169 Ray Rupelli, plaintiff-respondent, v Macy's Retail Holdings, Inc., defendant second third-party plaintiff-appellant-respondent, Macy's East, Inc., defendant-appellant-respondent, Structure Tone, Inc., defendant third-party plaintiff-respondent-appellant; Bernhard Woodwork, Ltd., third-party defendant/ second third-party plaintiff-appellant-respondent; Consolidated Contractors, LLC, third-party defendan second third-party defendant-respondent. (Index No. 503835/15)
| DECISION & ORDER ON MOTION t/ |
Motion by Macy's Retail Holdings, Inc., Macy's East, Inc., and Bernhard Woodwork, Ltd., to stay the trial in the above-entitled action pending hearing and determination of an appeal and a cross appeal from an order of the Supreme Court, Kings County, dated May 1, 2019, and to deem the notice of appeal to reflect that Macy's East, Inc., is also an intended appellant-respondent.
Upon the papers filed in support of the motion and the papers filed in opposition and in relation thereto, it is
ORDERED that the branch of the motion which is to stay the trial in the above-entitled action is denied; and it is further,
ORDERED that the branch of the motion which is to deem the notice of appeal to reflect that Macy's East, Inc., is also an intended appellant-respondent is granted (see CPLR 2001); and it is further,
ORDERED that on the Court's own motion, the appellants-respondents' brief is stricken and on or before February 18, 2020, the appellants-respondents shall serve and file a replacement brief that reflects the status of Macy's East, Inc., correct the cover of the copies of the joint record filed with the Clerk of the Court to reflect the status of Macy's East, Inc., and file a replacement digital copy of the joint record that contains the corrected cover; and it is further,
ORDERED that on the Court's own motion, the time of Structure Tone, Inc., to serve and file its answering brief, including its points of argument on the cross appeal (see 22 NYCRR 1250.9[f][1][iv]), is extended until March 19, 2020, and the answering brief shall be served and filed on or before that date.
RIVERA, J.P., CHAMBERS, DUFFY and BARROS, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court