Appellate Division: Second Judicial Department

M274479

MB/

MARK C. DILLON, J.P.

ROBERT J. MILLER

SYLVIA O. HINDS-RADIX

LINDA CHRISTOPHER, JJ.

2019-08085, 2020-00847 Elvis Cabral, plaintiff-respondent, v 229 West 43rd Street Condominium, et al., defendants third-party plaintiffs-appellants, AI 229 West 43rd Street Property Owner, LLC, et al. defendants-respondents; Guitar Center Stores, Inc., third-party defendant-respondent. (Index No. 506580/2014)

DECISION & ORDER ON MOTION ,

Appeals from two orders of the Supreme Court, Kings County, dated May 8, 2019, and December 12, 2019, respectively. Motion by Guitar Center Stores, Inc., to dismiss the appeals insofar as asserted against it, or to extend the time to serve and file a brief.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion which is to dismiss the appeal from the order dated May 8, 2019, insofar as asserted against Guitar Center Stores, Inc., on the ground that the right of direct appeal therefrom terminated upon entry in the above-entitled action of the judgment on June 18, 2019, is referred to the panel of Justices hearing the appeals for determination upon the argument or submission thereof; and it is further,

ORDERED that the branch of the motion which is to dismiss the appeal from the order dated May 8, 2019, insofar as asserted against Guitar Center Stores, Inc., for failure to timely perfect is denied; and it is further,

ORDERED that the branch of the motion which is to dismiss the appeal from the order dated December 12, 2019, insofar as asserted against Guitar Center Stores, Inc., is denied as unnecessary as Guitar Center Stores, Inc., is not a respondent on that appeal; and it is further,

ORDERED that the branch of the motion which is to extend the time to serve and file a brief is granted, the time for Guitar Center Stores, Inc., to serve and file a brief is extended, and on or before January 11, 2021, Guitar Center Stores, Inc., shall serve its brief and upload a digital copy of its brief, with proof of service thereof, through the digital portal on this Court's website, and file an original and five hard copies of its brief in accordance with any applicable administrative order or other order to be issued by the Court.

DILLON, J.P., MILLER, HINDS-RADIX and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court