Appellate Division: Second Judicial Department

M275013

E/sl

ROBERT J. MILLER, J.P.

COLLEEN D. DUFFY

FRANCESCA E. CONNOLLY

PAUL WOOTEN, JJ.

2020-08026 Richard Bennett, et al., appellants-respondents, v State Farm Fire and Casualty Company, et al., defendants, Creative Landscaping by Cow Bay, Inc., et al., respondents-appellants (and other titles). (Index No. 10385/2013)

DECISION & ORDER ON MOTION

Appeal and cross appeals from an order of the Supreme Court, Nassau County, dated October 14, 2020. Motion by the appellants-respondents to dismiss the cross appeal by the respondent-appellant Creative Landscaping by Cow Bay, Inc., on the ground that the issues being raised on its cross appeal were determined by a decision and order of this Court dated March 2, 2016, or, in the alternative, to direct Creative Landscaping by Cow Bay, Inc., to perfect its cross appeal within 60 days. Separate motion by the appellants-respondents to dismiss the cross appeal by the respondent-appellant Zurich American Insurance Co. on the ground that it is not aggrieved or, in the alternative, to direct the respondent-appellant Zurich American Insurance Co. to perfect its cross appeal within 60 days. Separate motion by the appellants-respondents to direct the respondent-appellant Star Net Insurance Company to perfect its cross appeal within 60 days. Separate motion by the respondent-appellant Zurich American Insurance Co., inter alia, for leave to intervene in the appeal and cross appeals.

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 which is to dismiss the cross appeal by the respondent-appellant Creative Landscaping by Cow Bay, Inc., is denied; and it is further,

ORDERED that the branch of the motion which is to dismiss the cross appeal by the respondent-appellant Zurich American Insurance Co. is granted and the cross appeal by the respondent-appellant Zurich American Insurance Co. is dismissed, without costs or disbursements; and it is further,

ORDERED that the branch of the motion which is to direct the respondent-appellant Zurich American Insurance Co. to perfect its cross appeal within 60 days is denied as academic; and it is further,

ORDERED that the branch of the motion which is to direct the perfection of the cross appeal by the respondent-appellant Creative Landscaping by Cow Bay, Inc., within 60 days and the motion to direct the respondent-appellant Star Net Insurance Company to perfect its cross appeal within 60 days are denied as unnecessary (see 22 NYCRR 1250.9[f][1][iv]); and it is further,

ORDERED that the motion by the respondent-appellant Zurich American Insurance Co. is denied.

MILLER, J.P., DUFFY, CONNOLLY and WOOTEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court