Appellate Division: Second Judicial Department

M274485

E/sl

CHERYL E. CHAMBERS, J.P.

HECTOR D. LASALLE

BETSY BARROS

LINDA CHRISTOPHER, JJ.

2020-03290 New York Tile Wholesale Corp., appellant, v Thomas Fatato Realty Corp., et al., respondents. (Action No. 1) New York Tile Wholesale Corp., etc., appellant, v Herrick Feinstein, LLP, respondent, et al., defendants. (Action No. 2) (Index Nos. 49320/2001, 515280/2018)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Kings County, dated January 30, 2020. Motion by the respondent Herrick Feinstein, LLP to dismiss the appeal from so much of the order as denied the appellant's motion to sever the actions for trial, on the ground that this portion of the order has been rendered academic or, in the alternative, to enlarge the record to include certain material, and to extend the time to serve and file a brief. Separate motion by the respondents Thomas Fatato Realty Corp. and Garden Estates, LLP, to dismiss the appeal from so much of the order as denied the appellant's motion to sever the actions for trial, on the ground that this portion of the order has been rendered academic, to dismiss the appeal from so much of the order as permitted them to extend leases on the subject property for a period of one year and to enter into new or additional leases provided the term is limited to one year or less, on the ground that this portion of the order is not appealable as of right and leave to appeal has not been granted, and to extend the time to serve and file a brief.

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

ORDERED that the branch of the motion by the respondents Thomas Fatato Realty Corp. and Garden Estates, LLP, which is to dismiss the appeal from so much of the order as permitted the respondents Thomas Fatato Realty Corp. and Garden Estates, LLP, to extend leases on the subject property for a period of one year and to enter into new or additional leases provided the term is limited to one year or less is granted and that portion of the appeal is dismissed, without costs or disbursements (see CPLR 5701); and it is further,

ORDERED that the branches of the motions which are to extend the respondents' time to serve and file their respective briefs are granted, the respondents' time to serve and file their respective briefs is extended, and on or before January 11, 2021, the respondents shall serve the respondents' briefs and upload digital copies of the respondents' briefs, with proof of service thereof, through the digital portal on this Court's website, and file an original and five hard copies of the respondents' briefs in accordance with any applicable administrative order or other order to be issued by the Court; and it is further,

ORDERED that the motions are otherwise denied.

CHAMBERS, J.P., LASALLE, BARROS and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court