Volkel v 537 West 27th Street Owners, LLC
Motion No: 2020-03166
Slip Opinion No: 2021 NY Slip Op 64680(U)
Decided on April 14, 2021
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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M276632

MB/

MARK C. DILLON, J.P.

HECTOR D. LASALLE

BETSY BARROS

FRANCESCA E. CONNOLLY, JJ.

2020-03166

Jonathan Volkel, plaintiff-respondent, v

537 West 27th Street Owners, LLC, et al.,

defendants third-party plaintiffs/second

third-party plaintiffs-respondents-appellants;

Four Brothers Fence, Inc., third-party

defendant-respondent; RNC Industries, LLC,

second third-party defendant-appellant-

respondent.

(Index No. 32697/2011)

DECISION & ORDER ON MOTION

Appeal and cross appeal from an order of the Supreme Court, Suffolk County, dated January 17, 2020. Motion by the appellant-respondent to extend the time to perfect the appeal. Separate motion by the respondents-appellants, in effect, to extend the time to serve and file an answering brief on the cross appeal (see 22 NYCRR 1250.9[f][1][iv]).

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

ORDERED that the motions are granted; and it is further,

ORDERED that the appellant-respondent's time to perfect the appeal is extended, and on or before April 28, 2021, the appellant-respondent shall serve the joint record or appendix and the appellant-respondent's brief and upload digital copies of the joint record or appendix and the appellant-respondent's 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 joint record or appendix and the appellant-respondent's brief in accordance with any applicable administrative order or other order to be issued by the Court; and it is further,

ORDERED that no further extension of time shall be granted; and it is further,

ORDERED that the respondents-appellants shall serve and file the answering brief, including the points of argument on the cross appeal, in accordance with the rules of the Appellate Division (see 22 NYCRR 1250.9[f][1][iv]).

DILLON, J.P., LASALLE, BARROS and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court