Appellate Division: Second Judicial Department

M278146

J/sl

LEONARD B. AUSTIN, J.P.

COLLEEN D. DUFFY

BETSY BARROS

JOSEPH A. ZAYAS, JJ.

2020-05906, 2020-08996, 2020-08997 Zong Wang Yang, et al., appellants-respondents, v City of New York, et al., defendants-respondents-a Plaza Construction, LLC, defendant third-party/secon plaintiff-respondent-appellant, ZHN Contracting Cor defendant third-party defendant-respondent-appellant Martin Associates, Inc., defendant second third-party A-Tech Electric Enterprises, Inc., third-party defenda respondent-appellant. (Index No. 520955/2016)

DECISION & ORDER ON MOTION ppellants, d third-party poration, , respondent; nt

Appeal and cross appeals from three orders of the Supreme Court, Kings County, dated July 24, 2020, October 6, 2020, and October 21, 2020, respectively. Motion by the City of New York, Brooklyn Navy Yard Development Corporation, and Plaza Construction LLC, in effect, for leave to serve and file a replacement answering brief. Motion by ZHN Contracting Corporation, in effect, to extend the time to serve and file an answering brief. Motion by A-Tech Electric Enterprises, Inc., in effect, to extend the time to serve and file an answering brief. Motion by Zong Wang Yang and Rui Xian Chen for a preference in the calendaring of the appeal and cross appeals.

Upon the papers filed in support of the motion, in effect, for leave to serve and file a replacement answering brief and the papers filed in opposition thereto, upon the papers filed in support of the motions, in effect, to extend the time to serve and file answering briefs and the papers filed in response thereto, and upon the papers filed in support of the motion for a preference and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion, in effect, for leave to serve and file a replacement answering brief is granted, and on or before August 11, 2021, the City of New York, Brooklyn Navy Yard Development Corporation, and Plaza Construction, LLC, shall serve and file a replacement answering brief, including the points of argument on their cross appeal (see 22 NYCRR 1250.9[f][1][iv]) via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the replacement answering brief and upload a digital copy of the replacement answering brief, with proof of service thereof, through the digital portal on this Court's website; and it is further,

ORDERED that the motions, in effect, to extend the time to serve and file answering briefs are granted, and on or before September 10, 2021, ZHN Contracting Corporation and A-Tech Electric Enterprises, Inc., shall serve and file their respective answering briefs, including the points of argument on their cross appeals (see 22 NYCRR 1250.9[f][1][iv]) via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve their respective answering briefs and upload a digital copy of the answering briefs, with proof of service thereof, through the digital portal on this Court's website; and it is further,

ORDERED that the motion for a preference is granted, and the appeal and cross appeals will be calendared after all of the briefs have been filed.

AUSTIN, J.P., DUFFY, BARROS and ZAYAS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court