| Castro v 31st Avenue Associates, LLC |
| Motion No: 2020-07075 |
| Slip Opinion No: 2020 NY Slip Op 75954(U) |
| Decided on December 14, 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
M274530
E/sl
LEONARD B. AUSTIN, J.P.
SYLVIA O. HINDS-RADIX
FRANCESCA E. CONNOLLY
VALERIE BRATHWAITE NELSON, JJ.
|
2020-07075 Adrian Gabriel Gonzalez Castro, appellant- respondent, v 31st Avenue Associates, LLC, et al., defendants third-party plaintiffs-respondents- appellants; JV & J, Inc., third-party defendant-respo (Index No. 510681/2017)
| DECISION & ORDER ON MOTION ndent. |
Appeal and cross appeal from an order of the Supreme Court, Kings County, dated August 13, 2020. Motion by the third-party defendant-respondent to dismiss the appeal on the ground that the appellant-respondent is not aggrieved and to dismiss the cross appeal as untimely taken. Cross motion by the defendants third-party plaintiffs-respondents-appellants to extend the time to serve and file the notice of appeal.
Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to dismiss the appeal is granted and the appeal is dismissed, without costs or disbursements (see CPLR 5511); and it is further,
ORDERED that the branch of the motion which is to dismiss the cross appeal is denied (see Executive Order [Cuomo] No. 202.67); and it is further,
ORDERED that the cross motion is denied.
AUSTIN, J.P., HINDS-RADIX, CONNOLLY and BRATHWAITE NELSON, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court