Appellate Division: Second Judicial Department

M272190

E/sl

MARK C. DILLON, J.P.

JEFFREY A. COHEN

COLLEEN D. DUFFY

HECTOR D. LASALLE, JJ.

2019-07919 Astoria Atlas Holdings, LLC, et al., respondents- appellants, v Metropolitan Pacific Properties, Inc., et al., defendants, Dejesu Maio & Associates, P.C., appellant-respondent. (Index No. 708932/2018)

DECISION & ORDER ON MOTION

2020-02121

Astoria Atlas Holdings, LLC, et al., appellants,

v Metropolitan Pacific Properties, Inc., et al.,

defendants, Dejesu Maio & Associates, P.C.,

respondent.

(Index No. 708932/2018)

Appeal and cross appeal from an order of the Supreme Court, Queens County, dated April 25, 2019, and appeal from an order of the Supreme Court, Queens County, dated February 18, 2020. Motion by Astoria Atlas Holdings, LLC, Calix Realty Holdings, LLC, Olympia Haven Realty, LLC, and Acropolis Associates, LLC, to consolidate the appeal and cross appeal from the order dated April 25, 2019, with the appeal from the order dated February 18, 2020, and for leave to file a single brief in connection with their cross appeal and appeal. Application by Astoria Atlas Holdings, LLC, Calix Realty Holdings, LLC, Olympia Haven Realty, LLC, and Acropolis Associates, LLC, pursuant to 22 NYCRR 1250.9(g)(1) to extend the time to serve and file an answering brief in connection with the appeal and cross appeal from the order dated April 25, 2019.

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

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

ORDERED that on the Court's own motion, the appeal and cross appeal from the order dated April 25, 2019, will be calendared together with the appeal from the order dated February 18, 2020, and they will be argued or submitted on the same date; and it is further,

ORDERED that the application is granted, the time of Astoria Atlas Holdings, LLC, Calix Realty Holdings, LLC, Olympia Haven Realty, LLC, and Acropolis Associates, LLC, to serve and file an answering brief in connection with the appeal and cross appeal from the order dated April 25, 2019 is extended, and on or before September 2, 2020, the applicants shall serve the answering brief and upload digital copies of the answering brief, with proof of service thereof, through the digital portal on this Court's website, and file an original and five hard copies of the answering brief in accordance with any applicable administrative order or other order to be issued by the Court.

DILLON, J.P., COHEN, DUFFY and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court